Madhya Pradesh High Court
Swaroop Singh Gond vs The State Of Madhya Pradesh on 11 September, 2019
Author: Nandita Dubey
Bench: Nandita Dubey
THE HIGH COURT OF MADHYA PRADESH
W.P. No.18178/2019
(SWAROOP SINGH GOND Versus THE STATE OF MADHYA PRADESH)
Jabalpur, Dated: 11.9.2019
Shri Vinay Kumar Sharma, learned counsel for the petitioners.
Ms. Aishwarya Singh, learned Panel Lawyer for the
respondents/State.
Heard.
This petition is filed under Article 226 of the Constitution seeking a relief that the representation of the petitioners may be decided and the respondent authorities may be restrained from doing plantation on the land situated in Beet No.726 Sagra, Pawai, District Panna.
A perusal of the documents filed along with the petition shows that the petitioner have been making continuous representation even prior to the year 2013. The document (Annexure P/7) dated 15.06.2013 filed along with the petition also shows that the petitioners were called to appear before the concerned authority on 25.06.2013 at 11:00 a.m. along with all the supporting documents to substantiate the claim on the land. As the petitioners could not produce any document to substantiate the claim for patta on the forest land, the claim was rejected as reflected from Annexure P/2. It appears that after rejection of the claim, the petitioners again filed a number of representations and the authorities taking humanitarian approach and considering the fact that the petitioners are all tribal people directed them to appear before the Aadim Jati Kalyan Vibhag which is Nodal Agency in this regard, vide letter dated 18.03.2019. The petitioners instead of approaching the authority concerned have filed this petition seeking a prayer that their fresh representation may be decided by the authority concerned. As the petitioners have been directed to approach the authority concerned, i.e. Aadim Jati Kalyan Vibhag for redressal of their dispute, they should have taken recourse to the same instead of approaching this Court. As the petitioners have already been directed by the authority concerned/Principal Chief, Conservator of Forest to appear or approach before the Nodal Agency/Aadim Jati Kalyan Vibhag, no relief can be granted to the petitioners in the present petition nor the plantation work can be directed to stop on the Beet No.726. The petitioners are at liberty to approach and substantiate the claim before the Nodal Agency/Aadim Jati Kalyan Vibhag as directed vide order dated 18.03.2019 by the respondent No.3/Principal Chief, Conservator of Forest.
With the aforesaid liberty, this petition stands dismissed.
(Nandita Dubey) Judge ak Digitally signed by ASHISH KOSHTA DN: c=IN, o=MP HIGH COURT, ou=GOVERNMENT, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=7ee89d31e9df06bf1b73a726c9eea38a87e6fe5e9822d3548a2545 743653d019, serialNumber=c4daa1d227b8af4922dde70e5d7fac9f3449368cd9024cf39 d0f7e421b35bb46, cn=ASHISH KOSHTA Date: 2019.09.12 16:34:47 +05'30' Adobe Reader version: 11.0.8