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Madhya Pradesh High Court

Mohan Singh Ghoshi vs Sub Divisionalofficer on 18 August, 2023

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                              1
                            IN      THE      HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                                 ON THE 18 th OF AUGUST, 2023
                                               WRIT PETITION No. 19536 of 2023

                           BETWEEN:-
                           MOHAN SINGH GHOSHI S/O SHRI RAMDAYAL DHOSHI,
                           AGED ABOUT 60 YEARS, R/O WARD NO. 3 BEHIND
                           STADIUM NOWGONG TEHSIL NOWGONG DISTRICT
                           CHHATARPUR (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI SANJAY AGRAWAL - SENIOR ADVOCATE WITH MS. NEERJA
                           AGRAWAL - ADVOCATE)

                           AND
                           1.     SUB DIVISIONAL OFFICER NOWGONG DISTRICT
                                  CHHATARPUR (MADHYA PRADESH)

                           2.     TEHSILDAR   TEHSIL   NOWGONG DISTRICT
                                  CHHATAPUR (MADHYA PRADESH)

                           3.     DEEPAK YADAV S/O LATE SHRI VINOD BIHARI
                                  YADAV OCCUPATION: AGED ADULT R/O.
                                  NOWGONG, DISTT. CHHATARPUR (MADHYA
                                  PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI YOGESH DHANDE - GOVERNMENT ADVOCATE)

                                  This petition coming on for admission this day, th e court passed the
                           following:
                                                                ORDER

Counsel for the petitioner by the instant petition is raising grievance with respect to the action of the respondent/revenue authority whereby they got the land of the petitioner demarcated holding that he has encroached upon the government land measuring 300 sq.ft. The report is available on record dated Signature Not Verified Signed by: SATYA SAI RAO Signing time: 8/18/2023 6:44:30 PM 2 17.04.2023 in which it is shown that at the time of enquiry, petitioner remained present on spot but he refused to sign the panchnama.

2. Counsel for the petitioner further submits that petitioner reached the spot at-random without any notice or without aware of the fact that demarcation proceeding is going on. He submits that if petitioner's land is being demarcated then he should be given proper notice so that he may take part in the enquiry or try to convince the authority that it is not the encroached land.

3. Considering the aforesaid, this petition is disposed of directing Tehsildar, Nowgong, District Chattarpur to issue notice to the petitioner before demarcation and fix the date for demarcation so that he shall remain present on spot and take part in the demarcation proceeding.

4. It is made clear that if notice is issued to the petitioner giving a date and time of demarcation, he shall remain present in the demarcation proceeding and no further opportunity would be granted to the petitioner to take any excuse to avoid demarcation proceeding, if any, is conducted by the respondent/authority and thereafter the revenue authority may pass appropriate order and initiate proceeding if petitioner is ultimately found encroacher over the government land.

5. The revenue authority is expected that before getting the demarcation proceeding done, notice be issued to all the concerning parties adjoining to the land in question so that everybody should be heard and participated in the demarcation proceeding. Since the matter is remitted back to the revenue authority, the proceeding initiated and panchnama prepared till now i.e. Annexure P/10 and P/12 are set aside and the authority would be at liberty to prepare a fresh panchama report and act accordingly.

6. With the aforesaid, the petition stands disposed of.

(SANJAY DWIVEDI) JUDGE rao Signature Not Verified Signed by: SATYA SAI RAO Signing time: 8/18/2023 6:44:30 PM