Madhya Pradesh High Court
Sheel Kumar Chaudhary vs The State Of Madhya Pradesh on 1 July, 2024
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 1st OF JULY, 2024
WRIT PETITION No. 16359 of 2024
(SHEEL KUMAR CHAUDHARY
Vs
THE STATE OF MADHYA PRADESH AND OTHERS)
Appearance:
(BY SHRI P.L. SHARMA - ADVOCATE FOR THE PETITIONERS )
(BY SHRI VISHAL TRIPATHI - GOVT. ADVOCATE FOR
RESPONDENTS/STATE)
ORDER
1. The present petition under Article 226 of the Constitution is preferred by the petitioner seeking following reliefs:-
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2. The present petition is preferred by petitioner being aggrieved by the action of respondents No. 3 to 5 whereby show cause notice under Section 248 of MPLRC has been issued to petitioner and without waiting for the outcome of the proceedings, they are trying to demolish the house constructed over the land in question.
3. It is the submission of learned counsel for the petitioner that earlier his predecessors in title have purchased the suit property and they are in possession of the same. Petitioner acquired permission from Municipal Council Bhind for construction of house and thereafter house was constructed. Therefore, petitioner is legitimate title holder/possessor of the suit property. However, respondent No.4- Mohanlal Sharma, Tehsildar, Pargana Bhind, District Bhind and Sudheer Singh Chauhan, Patwari, Halka No.2 Pargana, District Bhind want to purchase the said suit property, therefore, they are trying to harass the petitioner without any just 3 and legal reasons. Petitioner is legitimate title holder/possessor of the suit property but same has been ignored by respondents and proceeded arbitrarily.
4. Counsel for respondents fairly submits that if show cause notice has been issued under Section 248 of MPLRC then petitioner shall file reply and respondent shall consider the same in accordance with law.
5. Considering the submissions, it appears that petitioner has leveled allegations against the working of respondents No. 4 and 5 who have issued notice to the petitioner purportedly under Section 248 of MPLRC. Therefore, Collector is expected to give this matter to some other Tehsildar who shall decide the application under Section 248 of MPLRC by seeking report from the competent revenue authority (other than Sudheer Singh Chauhan/respondent No.5) and thereafter shall decide the same as per law.
6. Till the application under Section 248 of MPLRC is decided, status quo in respect of the suit property shall be maintained. Thereafter, appropriate proceedings shall be ensured.
7. With the aforesaid, the petition is disposed of.
(ANAND PATHAK) JUDGE van VANDAN Digitally signed by VANDANA VERMA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=28633918296af0b3fa82b31b23b08479728 746dc68b10fd53e8bb396b58dcf57, A VERMA postalCode=474001, st=Madhya Pradesh, serialNumber=A880B748893B41B1DA855946D5DC 7BDE46EFE4D9A9ED20D015BEED2F999C9F8F, cn=VANDANA VERMA Date: 2024.07.02 10:59:23 +05'30'