Madhya Pradesh High Court
Sheenu Sharma vs The State Of M.P. Through Collector on 5 December, 2020
Author: Vivek Rusia
Bench: Vivek Rusia
1 WP-18965-2020
The High Court Of Madhya Pradesh
WP-18965-2020
(SHEENU SHARMA Vs THE STATE OF M.P. THROUGH COLLECTOR AND OTHERS)
1
Indore, Dated : 05-12-2020
Heard through Video Conferencing.
Shri Ashok Kumar Sethi, Senior Advocate with Shri Hemendra Jain,
Advocate for the Petitioner.
Heard on the question of admission.
Issue notice to the respondents on payment of P.F. within 3 days
returnable within four weeks.
Also heard on interim relief.
Shri Sethi, learned senior counsel appearing for the petitioner submits that the petitioner had sold the agricultural land to respondents No.4 and 5 in the year 2015. Thereafter, respondent No.3 made a complaint against respondents No.4 and 5 alleging illegal colonization over the said land. The Collector initiated the proceedings against respondents No.4 and 5 and vide order dated 30.3.2019 directed the Sub Divisional Officer to take action u/s. 339-C of M.P. Municipalities Act, 1951. Being aggrieved by the aforesaid order, respondents No.4 and 5 preferred an appeal u/s. 44 of the M.P. Land Revenue Code (MPLRC) though such an appeal was not maintainable. Now, vide impugned order dated 17.11.2020, the Additional Commissioner has not only dismissed the appeal, but directed for action against the present petitioner u/s. 339-C of the Municipalities Act. The petitioner was no where involved in the illegal colonization after the sale of the land to respondents No.4 and 5. No complaint was made against her. The appeal before the Commissioner was not maintainable u/s. 44 of the MPLRC.
So far as order passed by the Collector is concerned, the petitioner has not challenged the same in this petition. However, the Collector is a competent authority under the M.P. Nagar Palika Registration of Colonizer (Terms & Conditions) Rules, 1998 to take action against the illegal 2 WP-18965-2020 colonization.
Petitioner has made out a prima facie case. Till the next date of hearing, the operation of order dated 17.11.2020 passed by Additional Commissioner, Ujjain, so far as it relates to the petitioner, shall remain stayed.
C.C. as per rules.
(VIVEK RUSIA) JUDGE Alok Digitally signed by Alok Gargav Date: 2020.12.06 14:39:57 +05'30'