Madhya Pradesh High Court
Kamla Bai vs The State Of Madhya Pradesh on 19 December, 2018
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Writ Petition No.29261/2018
(Kamla Bai Vs. State of M. P. and Others)
-1-
Indore, dated 19/12/2018
Ms. Ishita Agrawal, learned counsel for the petitioner.
Mr. Bhuwan Gautam, learned Government Advocate for the
respondent/State.
The petitioner before this Court has filed present petition being aggrieved by order dated 19/11/2018 passed by the Sub Divisional Officer (Revenue), Sendhwa and the notice issued by the Tehsildar dated 20/11/2018.
The facts of the case reveal that the land in question is a government land and the petitioner submitted an application for allotment of land and the application of the petitioner for allotment of land over which a structure has also been constructed was turned down on 03/05/2018.
Thereafter, as the petitioner was living in a building, which was under the ownership of the State Government, action was initiated by the Tehsildar and a report was submitted by the Tehsildar to the Sub Divisional Officer and the report reveals that building in question was a community building in which earlier a government school was functional. The government school was transferred to some other place on construction of a new building and one Kamla Bai, who is a widow was permitted by the villagers HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Writ Petition No.29261/2018 (Kamla Bai Vs. State of M. P. and Others) -2- to reside in the building. She was given a part of the building, however, she has taken possession of the entire building and thereafter, in order to give the building the colour of a temple, she started making an attempt to install the idol of Durgaji only with a view to ensure that she is not evicted and the building is treated as a temple.
The Gram Panchayat has hold a meeting for evicting Kamla Bai and a resolution was passed on 21/03/2018 and thereafter, an application was submitted for eviction of Kamla Bai by taking into account the provisions as contained under the M. P. Land Revenue Code, 1959.
No document has been filed by the petitioner to establish that the petitioner is the title holder. There is no order of allotment in favour of the petitioner, on the contrary, the record reveals that it was a government building in which a School was functional. Later on mercy was shown to the petitioner and she was permitted to live in the building temporarily and thereafter, she wanted to install idol of Durgaji to give the colour of a temple to the building. The Sub Divisional Officer has directed the Tehsildar to take appropriate action in accordance with law, keeping in view the provisions of Madhya Pradesh Lok Parisar (Bedakhali) Adhiniyam, 1974. HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Writ Petition No.29261/2018 (Kamla Bai Vs. State of M. P. and Others) -3- Learned Government Advocate has argued before this Court that the Tehsildar has issued a show cause notice on 20/11/2018 and he shall be following prescribed procedure as prescribed under the statute.
In the considered opinion of this Court, in absence of any document relating to title and also keeping in view the the fact that its a government land, this Court is of the opinion that the respondents were justified in initiating proceedings under the Madhya Pradesh Lok Parisar (Bedakhali) Adhiniyam, 1974. The petitioner shall certainly be free to defend herself and the respondents shall also be free to take appropriate action in accordance with law.
With the aforesaid, writ petition stands disposed of. Certified copy as per rules.
(S. C. SHARMA) (VIRENDER SINGH)
JUDGE JUDGE
Tej
Digitally signed by
Tej Prakash Vyas
Date: 2018.12.21
18:21:45 +05'30'