Madhya Pradesh High Court
Netrapal Singh vs The State Of Madhya Pradesh on 4 July, 2017
WA-187-2017
(NETRAPAL SINGH Vs THE STATE OF MADHYA PRADESH)
04-07-2017
Shri Shreyash Pandit, Counsel for the appellant.
Shri Deepak Awasthi, Government Advocate for the
respondents.
Challenge in the present appeal is to an order dated 17.01.2017 whereby the petition was consigned to the record after compliance of the order dated 05.07.2016 was submitted by an action taken report filed on 22nd November, 2016. The report dated 18.11.2016 is that a road was constructed by the PWD Department on the land of respondent no.4 but without acquisition and payment of compensation. Subsequently, the road was demolished and that land in question is a private land owned by respondent no.4.
The grievance of the appellant is that the said land was used as a public street and the appellant has a right to use street constructed in earlier point of time.
Respondent no.5 submits that such question can not be examined in the writ appeal.
The question before us whether the land in question is private land of respondent no.4 or not? As per the report by the Collector it is a land owned by respondent no.4. If the appellant has any grievance, he is at liberty to avail the alternative remedy as is available to the appellant in accordance with law.
With the aforesaid this appeal stands disposed of.
(HEMANT GUPTA) (VIJAY KUMAR SHUKLA) CHIEF JUSTICE JUDGE Amitabh