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Madhya Pradesh High Court
Smt. Gokul Bai Jatav vs The State Of Madhya Pradesh on 25 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 25th OF MARCH, 2026
WRIT PETITION No. 10320 of 2026
SMT. GOKUL BAI JATAV AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Abhishek Jat - Advocate for the petitioners.
Shri Dharmendra Nayak - Govt. Advocate for the respondents/State.
ORDER
This petition under Article 226 of the Constitution of India has been
filed by the petitioners seeking following reliefs:-
"A. Direct the respondent authorities to forthwith stop the
construction activity being carried out over the land bearing
Survey No. 256/2 situated at Village Akalon, Tehsil Isagarh,
District Ashoknagar.
B. Direct the respondent authorities to maintain status quo with
regard to the possession and nature of the land bearing Survey No.
256/2 until final adjudication of the present petition.
C. Direct the respondent authorities to conduct proper demarcation
of Survey No. 256/1 and Survey No. 256/2 before undertaking any
construction activity in the area.
D. Pass any other interim order or direction which this Hon'ble
Court may deem fit and proper in the facts and circumstances of
the case in the interest of justice."
2. Learned counsel for the petitioners respectfully submits that the
petitioners are lawful residents of Village Akalon, Tehsil Isagarh, District
Ashoknagar (M.P.), and are in peaceful, continuous possession of
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agricultural land bearing Survey No. 256/2, admeasuring approximately
1.000 hectare, situated at the aforesaid village. The said land originally
belonged to Late Shri Kaluram Jatav, who is the predecessor-in-interest of
the petitioners.
3. It is submitted that on an earlier occasion, certain private individuals
attempted to unlawfully interfere with the peaceful possession of Late Shri
Kaluram Jatav over the land in question. Consequently, a civil suit bearing
No. RCS-A/35/2021 was instituted before the Court of Civil Judge, Junior
Division, Isagarh, seeking protection of possession. During the pendency of
the said suit, the learned Principal District Judge, Ashoknagar, vide order
dated 16.08.2022 passed in Miscellaneous Civil Appeal No. 13/2022, was
pleased to grant a temporary injunction in favour of the plaintiff, thereby
restraining the defendants from causing any interference with the plaintiff's
possession over the disputed land. Subsequently, upon conclusion of a full-
fledged trial, the learned Civil Judge, Junior Division, Isagarh, vide judgment
and decree dated 24.07.2024 passed in Civil Suit No. RCS-A/35/2021, was
pleased to decree the suit in favour of the petitioners. The Court categorically
declared the possession of the petitioners over the land bearing Survey No.
256/2 and permanently restrained the defendants from interfering with their
peaceful possession.
4. It is submitted that thereafter, Respondent No. 4, Tehsildar, Isagarh,
issued a public notice dated 20.02.2026 inviting objections regarding the
allotment of government land bearing Survey No. 256/1, admeasuring
approximately 1.688 hectare, situated at Village Akalon, for the purpose of
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construction of a building for Janpad Panchayat Isagarh. Upon coming to
know of the said notice, the petitioners were shocked to observe that
construction-related activities were being carried out not on the notified
government land bearing Survey No. 256/1, but instead on the petitioners'
private land bearing Survey No. 256/2. The petitioners, within the stipulated
time, submitted a detailed objection before the Tehsildar, Isagarh, clearly
pointing out that Survey No. 256 comprises two distinct parcels, namely
Survey No. 256/1 (government land) and Survey No. 256/2 (private land
belonging to the petitioners), and any construction must strictly be confined
to the government land alone. Despite submission of the said objection along
with relevant supporting documents, the respondent authorities have failed to
take any effective or corrective action. On the contrary, the construction
activity continues unabated, thereby seriously threatening the petitioners'
lawful possession over their private land.
5. It is further submitted that the illegal encroachment and construction
activity over Survey No. 256/2 is evident from satellite imagery as well as
site photographs, which clearly depict dumping of soil, gravel, stones, and
other construction materials, along with alteration of the natural condition of
the land. The said material conclusively establishes that the construction is
not being carried out on Survey No. 256/1 (government land), but has
encroached upon Survey No. 256/2 belonging to the petitioners. The actions
of the respondent authorities in permitting and allowing construction over the
petitioners' private land are arbitrary, illegal, and in blatant violation of the
subsisting civil court decree protecting the petitioners' possession. Such
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actions are wholly unsustainable in law and liable to be set aside.
6. On the other hand, leanred Government Advocate opposes the
petition and submits that the allegations made by the petitioners are
misconceived and denied. It is contended that the construction activity is
being carried out strictly over the government land bearing Survey No.
256/1, after following due procedure. It is further submitted that proper
demarcation has already been carried out by the competent revenue
authorities in accordance with law, and there is no encroachment upon the
private land of the petitioners bearing Survey No. 256/2. Hence, no
interference is called for by this Hon'ble Court under Article 226 of the
Constitution of India
7. Heard counsel for the parties and perused the record.
8. This Court finds that the petitioners have already submitted
objections regarding alleged encroachment over Survey No. 256/2 before the
Tehsildar, Tehsil Isagarh, District Ashoknagar which are yet to be decided.
In the interest of justice, it would be appropriate to direct the Tehsildar,
Tehsil Isagarh, District Ashoknagar to consider and decide the objections of
the petitioners in accordance with law within a stipulated time frame.
9. Accordingly, without entering into the merits of the controversy, the
petition is disposed of with the following directions:
(i) The respondent No. 4 - Tehsildar, Isagarh, shall consider and
decide the objections submitted by the petitioners regarding alleged
encroachment over Survey No. 256/2, by passing a reasoned and speaking
order, strictly in accordance with law, within a period of four (04) weeks
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from the date of receipt of a certified copy of this order.
(ii) Till the objections are decided, no construction activity shall be
carried out over land bearing Survey No. 256/2.
10. It is made clear that this Court has not expressed any opinion on
the merits of the case.
11. With the aforesaid directions, the petition stands disposed of.
(MILIND RAMESH PHADKE)
JUDGE
ojha
