Ram Shankar Tiwari vs The State Of Madhya Pradesh on 8 April, 2022

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Madhya Pradesh High Court

Ram Shankar Tiwari vs The State Of Madhya Pradesh on 8 April, 2022

Bench: Vishal Dhagat

                                                                            1
                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                          BEFORE
                                                            HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                                    ON THE 8th OF APRIL, 2022

                                                             WRIT PETITION No. 6218 of 2022

                                                Between:-
                                        1.      RAM SHANKAR TIWARI S/O KANCHHEDILAL
                                                TIWARI , AGED ABOUT 67 YEARS, OCCUPATION:
                                                BUSINESS GAU GHAT PARKOTA TAHSIL AND
                                                DISTRICT SAGAR (MADHYA PRADESH)

                                        2.      SANTOSH TIWARI S/O KANCHHEDILAL TIWARI ,
                                                AGED ABOUT 64 YEARS, OCCUPATION: BUSINESS
                                                R/O GAU GHAT, PARKOTA, TAHSIL AND DISTRICT
                                                - SAGAR (M.P.) (MADHYA PRADESH)

                                                                                                          .....PETITIONER
                                                (BY MR. NISHIT PAUL, ADVOCATE)

                                                AND

                                        1.      THE STATE OF MADHYA PRADESH THROUGH ITS
                                                PRINCIPAL SECRETARY VALLABH BHAWAN,
                                                BHOPAL (MADHYA PRADESH)

                                        2.      THE COLLECTOR SAGAR DISTRICT - SAGAR (M.P.)
                                                (MADHYA PRADESH)

                                        3.      THE SUB DIVISIONAL OFFICER (REVENUE)
                                                REVENUE DEPARTMENT DISTRICT - SAGAR (M.P.)
                                                (MADHYA PRADESH)

                                        4.      THE TAHSILDAR SAGAR DISTRICT - SAGAR (M.P.)
                                                (MADHYA PRADESH)

                                                                                                        .....RESPONDENTS
                                                (BY MR. VED PRAKASH TIWARI, GOVT. ADV.)

                                              This petition has come up for hearing on this day. The court passed the
                                        following:
                                                                             ORDER

Petitioner has filed this writ petition under Article 226 of Constitution of India against notice dated 13.12.2021.

Tehsildar, Sagar has issued notice to petitioner for doing encroachment over 72 sq. ft. of land in Khasra No.435/1. If petitioner does not appear and file reply then he will be proceeded exparte and eviction proceedings shall be initiated within Signature Not Verified a period of seven days.

SAN Digitally signed by MRS PREETI TIWARI Date: 2022.04.08 15:42:53 IST

Counsel appearing for petitioner submitted that petitioner is not encroacher 2 and he is owner of the land. It is submitted that impugned action is in violation of Article 300-A of Constitution of India.

Heard the counsel for petitioner.

Petitioner had already entered his appearance before Tehsildar and had filed it's reply. In such circumstances, I deem it fit and appropriate to dispose off the writ petition with direction to Tehsildar Sagar to consider the reply of petitioner and if petitioner wants to adduce evidence, give him an opportunity to adduce evidence and, thereafter, pass a reasonable and speaking order.

With aforesaid direction, writ petition stands disposed off. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE nd Signature Not Verified SAN Digitally signed by MRS PREETI TIWARI Date: 2022.04.08 15:42:53 IST

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