[Cites 1, Cited by 0]
Madhya Pradesh High Court
Tripta Anand vs The State Of Madhya Pradesh on 5 February, 2026
Author: Vishal Mishra
Bench: Vishal Mishra
1 WP-3903-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 3903 of 2026
(TRIPTA ANAND Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 05-02-2026
Shri Jitesh Shrivastava - Advocate for petitioner.
Shri V.S. Choudhary - Govt. Advocate for respondents/State.
Petitioner's counsel has submitted that in identical circumstances, this
Court in WP No. 2483 of 2026 (Sunil Sahu and others vs State of Madhya
Pradesh and others) while issuing notices has granted interim relief vide
order dated 28.01.2026 in the following terms :
"Issue notice to the respondents on payment of process fee within
seven working days by RAD mode failing which this petition shall
stand dismissed without further reference to the Court.
Shri Swapnil Ganguly - Advocate appears on advance notice on
behalf of the respondents No. 3 and 4 and prays for a short time to
enable him to seek instructions in the matter.
Heard on the question of interim relief.
Counsel appearing for the petitioner has drawn attention of this
Court to the order dated 1.4.2025 passed in WP No.15327/2014,
operative part of the order is as under :-
"5. In view of same, Collector Jabalpur is directed to carry out
survey in the area of protected monument and if encroachment is
found in any prohibited area i.e. by mining, digging or doing any
civil constructions then notices be issued to all encroachers found
in the area and after receiving objections if encroachment is found
in prohibited area then same shall be removed by the Collector
Jabalpur immediately. If required police force may also be used by
the Collector for removing encroachments if same is found to be
illegal within the periphery of prohibited area. Archaeological
Survey of India is directed to fence the area so that there may not
be any encroachment. Further Archaeological Survey of India with
Secretary, Forest and Secretary, Tourism may also see ways to
plant trees to make the area green and preserve. Steps taken be
informed to Registrar General, High Court of Madhya Pradesh,
Jabalpur within a period of 30 days and action taken report be put
up before the Court."
2 WP-3903-2026
It is argued that the inspection has been carried out behind the
back of the petitioner and a joint inspection report has been
submitted on 14.11.2025, wherein the petitioner and other have
been found to be encroacher in the property in question. Now, the
notice impugned herein, has been issued directing for removal of
the encroachment. It is argued that no opportunity of hearing was
granted to the petitioner as ordered by this Court in the order dated
1.4.2025.
If the order passed in earlier round of litigation is perused, it is
clearly mentioned therein that if the encroachment is identified,
then they are required to issue notices to all the encroachers found
in the area and after receiving objections, if encroachment is found
in prohibited area then same shall be removed by the Collector,
Jabalpur immediately. The said part of the order is not being
complied with by the authorities.
Under these circumstances, the notice dated 8.1.2026 (Annexures-
P/1 and P/2) issued by the respondent No. 4 will not be given
effect to till the next date of hearing.
On the prayer made by counsel appearing for the respondents No.
3 and 4, list this matter after two weeks to enable him to file reply
in the matter.
His name be reflected in the cause list.
List along with Writ Petition No.2202/2026 for analogous hearing
after two weeks."
It is submitted that the petitioner is identically situated; therefore,
petitioner's counsel prays for similar relief in the matter. The same
order/notice is put to challenge herein.
Looking to the facts and circumstances of the case, petitioner is
entitled for the similar interim relief as has been granted in WP No. 2483 of
2026 vide order dated 28.01.2026.
Therefore, issue notice to the respondents on payment of process fee
within seven working days by RAD mode, failing which this petition shall
stand dismissed without further reference to the Court.
Considering the aforesaid, the impugned notice dated 08.01.2026
(Annexure P/1) issued by the respondent No. 4 will not be given effect to, till
3 WP-3903-2026
the next date of hearing.
List along with WP No. 2483 of 2026 for analogous hearing.
(VISHAL MISHRA)
JUDGE
VV
