Madhya Pradesh High Court
Raju vs The State Of Madhya Pradesh on 24 April, 2023
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 24 th OF APRIL, 2023
WRIT PETITION No. 1927 of 2017
BETWEEN:-
DULAR S/O SHRI OMKAR, AGED ABOUT 46 YEARS,
OCCUPATION: CASTE MABASI (S.T.) VILLAGE
RORIGHAT TEHSIL PIPARIYA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF URBA
ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR COLLECTOR HOSANGABAD
(MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
HOSANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGAR RESERVE
HOSANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA
HOSANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 1926 of 2017
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
2
BETWEEN:-
MAYARAM S/O SHRI DALPAT SINGH, AGED ABOUT 23
YEARS, OCCUPATION: MABASI VILL. RORIGHAT TEH
PIPARIYA, DIST HOSHANGABAD (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRICIPAL SECRETARY DEPT. OF URBAN
ADMINISTRATION AND DEV. VALLABH BHAWAN
(MADHYA PRADESH)
2. SECRETARY FOREST DEPARTEMNT FOREST
D EPARTM EN T VALLABH BHAWAN (MADHYA
PRADESH)
3. COLLECTOR HOSHANGBAD DISTT.
HOSHANGBAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGBAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGBAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGBAD
PIPERIYA DISTT. HOSHANGBAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE )
WRIT PETITION No. 1928 of 2017
BETWEEN:-
RAJU S/O DALPAT SINGH, AGED ABOUT 32 YEARS,
OCCUPATION: CAST-MABASI (S.T.) R/O VILL-RORIGHAT
TEH-PIPERIYA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER )
AND
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
3
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPTT OF URBAN
ADMINISTRATION DEVELOPMENT VALLABH
BHAWAN (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR COLLECTOR HOSANGABAD
(MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
HOSANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGAR RESERVE
HOSANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA
HOSANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 1930 of 2017
BETWEEN:-
KAMLESH S/O BHIYALAL, AGED ABOUT 33 YEARS,
OCCUPATION: CASTE-MABASI (ST) R/O VILL-
RORIGHAT TEH-PIPERIYA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ISHAN SONI - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPTT OF URBAN
ADMINISTRATION DEVELOPMENT VALLABH
BHAWAN (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR HOSHANGBAD DISTT.
HOSHANGBAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGBAD (MADHYA PRADESH)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
4
5. DEPUTY DIRECTOR TIGER RESERVE DISTT.
HOSHANGBAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGBAD
PIPERIYA DISTT. HOSHANGBAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 1931 of 2017
BETWEEN:-
VINOD S/O BHIYALAL, AGED ABOUT 29 YEARS, VILL
RORIGHAT THE PIPARIYA, DIST HOSHANGABAD
(MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPT. OF URGBAN
ADMINISTRATION AND DEV. VALLABH BHAWAN
(MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLAVH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR COLLECTOR HOSANGABAD
(MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
HOSANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGAR RESERVE
HOSANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA
HOSANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE )
WRIT PETITION No. 1934 of 2017
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
5
BETWEEN:-
BHAIYALAL S/O LATE RAMLAL, AGED ABOUT 59
Y E A R S , OCCUPATION: MABASI (ST) R/O VILL-
RORIGHAT TEH-PIPERIYA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ISHAN SONI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPTT OF URBAN
ADMINISTRATION DEVELOPMENT VALLABH
BHAWAN (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLAVH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR COLLECTOR HOSANGABAD
(MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
HOSANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
HOSANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA
HOSANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 1935 of 2017
BETWEEN:-
SEETARAM S/O SHRI OMKAR, AGED ABOUT 43 YEARS,
OCCUPATION: CAST MABASI (S.T.) VILLAGE RORIGHAT
TEHSIL PIPARIYA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
6
URBAN ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR HOSHANGABAD DISTT.
HOSHANGBAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGBAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGBAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGABAD
PIPERIYA DISTT. HOSHANGBAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE )
WRIT PETITION No. 1940 of 2017
BETWEEN:-
SURENDRA S/O SHRI MANSINGH, AGED ABOUT 34
YEARS, OCCUPATION: CAST MABASI ( S.T. ) VILLAGE
RORIGHAT TEHSIL PIPARIYA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLAVH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR COLLECTOR HOSANGABAD
(MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
HOSANGABAD (MADHYA PRADESH)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
7
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
HOSANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA
HOSANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE )
WRIT PETITION No. 1944 of 2017
BETWEEN:-
KALYAN S/O KRISHNA SINGH, AGED ABOUT 51 YEARS,
R/O VILL-RORIGHAT TEH-PIPERIYA (MADHYA
PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPT OF URBAN
ADMINISTRATION DEVELOPMENT VALLABH
BHAWAN (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR HOSHANGBAD DISTT.
HOSHANGBAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGBAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGBAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGABAD
PIPERIYA DISTT. HOSHANGBAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 1945 of 2017
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
8
BETWEEN:-
KAMAL SINGH S/O SHIR BHIYALAL, AGED ABOUT 39
YEARS, OCCUPATION: CAST MABASI ( S.T. ) VILLAGE
RORIGHAT TEHSIL PIPARIYA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ISHAN SONI - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR HOSHANGABAD DISTT.
HOSHANGBAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT,
HOSHANGABAD DISTT. HOSHANGBAD (MADHYA
PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE,
HOSHANGABAD DISTT. HOSHANGBAD (MADHYA
PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA, DIST.
HOSANGABAD DISTT. HOSHANGBAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 1947 of 2017
BETWEEN:-
RAJNI D/O MANSINGH, AGED ABOUT 24 YEARS,
OCCUPATION: CAST MABASI ( S.T. ) VILLAGE
RORIGHAT TEHSIL PIPARIYA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER )
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
9
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLAVH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR COLLECTOR HOSANGABAD
(MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
HOSANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGAR RESERVE
HOSANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA
HOSANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 1973 of 2017
BETWEEN:-
AJAY SIGNH S/O CHITRU @ CHATRAN SINGH, AGED
ABOUT 27 YEARS, OCCUPATION: MASABI (ST) R/O VILL-
RORIGHAT TEH-PIPARIA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPTT OF URBAN
ADMINISTRATION DEVELOPMENT VALLABH
BHAWAN (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLAVH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR COLLECTOR HOSANGABAD
(MADHYA PRADESH)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
10
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
HOSANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
HOSANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA
HOSANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE )
WRIT PETITION No. 1974 of 2017
BETWEEN:-
SANTOSH S/O SHRI AKBAR SINGH, AGED ABOUT 30
YE A R S , VILL RORIGHAT TEH. PIPARIYA, DIST
HOSHANGABAD (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ISHAN SONI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPT. OF URBAN
ADMINISTRATION AND DEV. VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR HOSHANGABAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
H O S H A N G A B A D DISTT. HOSHANGABAD
(MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGABAD
PIPERIYA DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
11
WRIT PETITION No. 1975 of 2017
BETWEEN:-
CHHOTELAL S/O LAL SINGH, AGED ABOUT 44 YEARS,
OCCUPATION: MABASI (ST) R/O VILL-RORIGHAT TEH-
PIPARIA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPTT OF URBAN
ADMINISTRATION DEVELOPMENT VALLABH
BHAWAN (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLAVH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR COLLECTOR HOSANGABAD
(MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
HOSANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGAR RESERVE
HOSANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA
HOSANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE )
WRIT PETITION No. 1977 of 2017
BETWEEN:-
JITENDRA S/O CHITRU SINGH, AGED ABOUT 24 YEARS,
OCCUPATION: MABASI (ST) R/O VILL-RORIGHAT TEH-
PIPARIA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ISHAN SONI - ADVOCATE)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
12
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY URBAN
ADMIMINSTRATIN DEVELOPMENT VALLABH
BHAWAN (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR HOSHANGBAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGBAD
PIPERIYA DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE )
WRIT PETITION No. 1978 of 2017
BETWEEN:-
MUKESH S/O SHRI MOKAL SINGH, AGED ABOUT 28
Y E A R S , VILL RORIGHAT, TEH PIPARIYA,
HOSHANGABAD (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEWPT. OF URBAN
ADMINISTRATION AND DEV. VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLAVH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR COLLECTOR HOSANGABAD
(MADHYA PRADESH)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
13
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
HOSANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
HOSANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA
HOSANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE )
WRIT PETITION No. 1979 of 2017
BETWEEN:-
RAJKUMAR S/O VEERAN SINGH, AGED ABOUT 33
Y E A R S , OCCUPATION: MABASI (ST) R/O VILL-
RORIGHAT TEH-PIPARIA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER )
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPTT OF URBAN
ADMINISTRATION DEVELOPMENT VALLABH
BHAWAN (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR HOSHANGBAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAT
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGABAD
PIPERIYA DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
14
WRIT PETITION No. 1980 of 2017
BETWEEN:-
AMIT S/O SHRI VEERENDRA THAKUR, AGED ABOUT 27
YE A R S , VILL RORIGHAT TEH. PIPARIYA, DIST
HOSHANGABAD (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPT. OF URBAN
ADMINI. VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLAVH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR COLLECTOR HOSANGABAD
(MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
HOSANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
HOSANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER PIPERRIYA
HOSANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 1984 of 2017
BETWEEN:-
AKBAR SINGH S/O JUGLE SINGH, AGED ABOUT 59
Y E A R S , OCCUPATION: MABASI (ST) R/O VILL-
RORIGHAT TEH-PIPARIA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ISHAN SONI - ADVOCATE)
AND
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
15
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPTT OF URBAN
ADMINISTRATION DEVELOPMENT VALLABH
BHAWAN (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLAVH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR COLLECTOR HOSANGABAD
(MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
HOSANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
HOSANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA
HOSANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 1985 of 2017
BETWEEN:-
KU. KALAWATI D/O LATE MAGAN SINGH, AGED ABOUT
33 YEARS, OCCUPATION: MABASI (ST) R/O VILL-
RORIGHAT TEH-PIPARIA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPTT OF URBAN
ADMINISTRATIN DEVELOPMENT VALLABH
BHAWAN (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLAVH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR COLLECTOR HOSANGABAD
(MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
HOSANGABAD (MADHYA PRADESH)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
16
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
HOSANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA
HOSANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2055 of 2017
BETWEEN:-
SHIV SHANKAR S/O SHRI CHHOTELAL, AGED ABOUT 27
YEARS, OCCUPATION: CASTE MABASI (S.T.) VILLAGE
RORIGHAT TEHSIL PIPERIYA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
3. COLLECTOR HOSHANGABAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGBAD
PIPERIYA DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2056 of 2017
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
17
BETWEEN:-
CHITRU @ CHATRAN SINGH S/O SHRI DULICHAND,
AGED ABOUT 44 YEARS, OCCUPATION: CASTE MABASI
(S.T.) VILLAGE RORITHAT TEHSIL PIPARIYA (MADHYA
PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
3. COLLECTOR HOSHANGABAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGABAD
PIPERIYA DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2057 of 2017
BETWEEN:-
MAN SINGH S/O LATE SHRI ARJUN SINGH, AGED
ABOUT 54 YEARS, OCCUPATION: CASTE MABASI (S.T.)
VILLAGE RORIGHAT TEHSIL PIPARIYA (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI ISHAN SONI - ADVOCATE)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
18
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
3. COLLECTOR HOSHANGBAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGBAD
PIPERIYA DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2058 of 2017
BETWEEN:-
AJAY S/O SHRI BAKHTAWAR SINGH, AGED ABOUT 37
YEARS, OCCUPATION: CASTE MABASI (S.T.) VILLAGE
RORIGHAT TEHSIL PIPERIYA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ISHAN SONI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. SECRETARY FOREST DEPARTMENT, VALLABH
BHAWAN BHOPAL BHOPAL (MADHYA PRADESH)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
19
3. COLLECTOR HOSANGABAD HOSANGABAD
(MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
H O S A N G A B A D HOSANGABAD (MADHYA
PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
H O S A N G A B A D HOSANGABAD (MADHYA
PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA
HOSANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2059 of 2017
BETWEEN:-
RAJKUMAR @PUNNA S/O SHRI VEERANDRA, AGED
ABOUT 33 YEARS, VILL. RORIGHAT TEH. PIPERIYA,
DIST HOSHANGABAD (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPT. OF URBAN
ADMINISTRATION AND DEV. VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
3. COLLECTOR HOSHANGBAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGBAD
PIPERIYA DISTT. HOSHANGABAD (MADHYA
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
20
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2061 of 2017
BETWEEN:-
RAVI SHANKAR S/O SHRI CHHOTELAL, AGED ABOUT 24
YEARS, OCCUPATION: CASTE MABASI (S.T.) VILLAGE
RORIGHAT TEHSIL PIPERIYA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
3. COLLECTOR HOSHANGABAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGBAD
PIPERIYA DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2062 of 2017
BETWEEN:-
BATTO BAI W/O SHRI RAMLAL, AGED ABOUT 59 YEARS,
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
21
VILL RORIGHAT, TEH PIPARIYA, DIST HOSHANGABAD
(MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPT. OF URBAN
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. SECRETARY FOREST DEPARTMENT, VALLABH
BHAWAN BHOPAL BHOPAL (MADHYA PRADESH)
3. COLLECTOR HOSANGABAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
HOSANGABAD DISTT. HOSANGABAD (MADHYA
PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
HOSANGABAD DISTT. HOSANGABAD (MADHYA
PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA
HOSANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2135 of 2017
BETWEEN:-
SANJAY KUMAR S/O SHRI MOHAN, AGED ABOUT 33
Y E A R S , OCCUPATION: MABASI (S.T.) VILLAGE
RORIGHAT TEHSIL PIPERIYA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATION AND DEVELOPMENT
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
22
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN, (MADHYA PRADESH)
3. COLLECTOR HOSHANGABAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGABAD
PIPERIYA DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2136 of 2017
BETWEEN:-
KU. SUSHMA D/O SHRI MOHANLAL, AGED ABOUT 26
YEARS, OCCUPATION: CASTE MABASI (S.T.) VILLAGE
RORIGHAT TEHSIL PIPERIYA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
3. COLLECTOR HOSHANGABAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT,
H O S H A N G A B A D DISTT. HOSHANGABAD
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
23
(MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPURDA TIGER RESERVE
HOSANGABAD DISTT. HOSHANGABAD (MADHYA
PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA DISTT.
HOSHANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2138 of 2017
BETWEEN:-
HARI SINGH S/O SHRI SURJAN SINGH, AGED ABOUT 77
YEARS, OCCUPATION: MABASI VILL RORIGHAT TEH
PIPARIYA DIST HOSHANGABAD (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPT. OF URBAN
ADMINISTRATION AND DEV. VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN, (MADHYA PRADESH)
3. COLLECTOR HOSHANGABAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGBAD
PIPERIYA DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
24
WRIT PETITION No. 2139 of 2017
BETWEEN:-
KU. AMARA D/O SHRI MOKAL SINGH, AGED ABOUT 23
YEARS, OCCUPATION: CASTE MABASI (S.T.) VILLAGE
RORIGHAT TEHSIL PIPERIYA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
3. COLLECTOR HOSHANGABAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT,
HOSANGABAD DISTT. HOSHANGABAD (MADHYA
PRADESH)
5. DEPUTY DIRECTOR SATPURDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA DISTT.
HOSHANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE )
WRIT PETITION No. 2140 of 2017
BETWEEN:-
SMT. RAMBAI W/O LATE SHRI BHAGAN SINGH, AGED
ABOUT 74 YEARS, OCCUPATION: MABASI VILL
RORIGHAT TEH. PIPARIYA DIST HOSHANGABAD
(MADHYA PRADESH)
.....PETITIONER
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
25
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPL SECRETARY DEPT. OF URBAN
ADMINISTRATION VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLAVH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR COLLECTOR HOSANGABAD
(MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
HOSANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
HOSANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA
HOSANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2141 of 2017
BETWEEN:-
KU. POOJABAI W/O SHRI MEHTAB, AGED ABOUT 38
YEAR S, OCCUPATION: CAST MABASI (S.T.) VILLAGE
RORIGHAT TEHSIL PIPERIYA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN, (MADHYA PRADESH)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
26
3. COLLECTOR HOSHANGBAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGABAD
PIPERIYA DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2142 of 2017
BETWEEN:-
SMT. KAMLA W/O SHRI MOHANLAL, AGED ABOUT 47
YEARS, OCCUPATION: MABASI VILL RORIGHAT TEH
PIPARIYA DIST HOSHANGABAD (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPT. OF URBAN
ADMINISTRATION AND DEV. VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
3. COLLECTOR HOSHANGABAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT,
HOSANGABAD DISTT. HOSHANGABAD (MADHYA
PRADESH)
5. DEPUTY DIRECTOR SATPURDA TIGER RESERVE
HOSANGABAD DISTT. HOSHANGABAD (MADHYA
PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA DISTT.
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
27
HOSHANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2173 of 2017
BETWEEN:-
BAKHTAWAR SINGH S/O SHRI SADDU SINGH, AGED
ABOUT 69 YEARS, OCCUPATION: CASTE MABASI (S.T.)
VILLAGE RORIGHAT TEHSIL PIPERIYA (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI ISHAN SONI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
3. COLLECTOR HOSANGABAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT,
H O S H A N G A B A D DISTT. HOSHANGABAD
(MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
HOSANGABAD DISTT. HOSHANGABAD (MADHYA
PRADESH)
6. SUB DIVISIONAL OFFICER PIPERIYA DISTT.
HOSHANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE )
WRIT PETITION No. 2175 of 2017
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
28
BETWEEN:-
SUNIL S/O LATE SHRI RAMSWAROOP, AGED ABOUT 27
YEAR S, OCCUPATION: CAST MABASI (S.T.) VILLAGE
RORIGHAT TEHSIL PIPERIYA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN, (MADHYA PRADESH)
3. COLLECTOR HOSHANGABAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGBAD
PIPARIYA DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2176 of 2017
BETWEEN:-
SMT. BHAGWATI W/O LATE SHRI ANWAR SINGH, AGED
ABOUT 40 YEARS, OCCUPATION: CAST MABASI ST.
VILL. RORIGHAT TEH. PIPERIYA DISTT.
HOSHANGABAD (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
29
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATIONJ AND DEVELOPMENT
VALLABH BHAWAN, (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN, (MADHYA PRADESH)
3. COLLECTOR HOSHANGABAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGBAD
PIPARIYA DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2177 of 2017
BETWEEN:-
KAMLESH S/O LATE SHRI ANWAR SINGH, AGED ABOUT
24 YEARS, OCCUPATION: CAST MABASI (S.T.) VILLAGE
RORIGHAT TEHSIL PIPERIYA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN, (MADHYA PRADESH)
3. COLLECTOR HOSHANGABAD DISTT.
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
30
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGBAD
PIPARIYA DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2180 of 2017
BETWEEN:-
KU. RANI D/O SHRI AKBAR SINGH, AGED ABOUT 25
YEAR S, OCCUPATION: CAST MABASI (S.T.) VILLAGE
RORIGHAT TEHSIL PIPERIYA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ISHAN SONI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN, (MADHYA PRADESH)
3. COLLECTOR HOSHANGABAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGBAD
PIPERIYA DISTT. HOSHANGABAD (MADHYA
PRADESH)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
31
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2187 of 2017
BETWEEN:-
SETAAP SINGH @ SANTOSH S/O SHRI HARI SINGH,
AGED ABOUT 21 YEARS, OCCUPATION: CASTE MABASI
ST VILL. RORIGHAT TEH. PIPERIYA DISTT.
HOSHANGABAD (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPARTMENT OF
URBAN ADMINISTRATION AND DEVELOPMENT
VALLABH BHAWAN, (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
3. COLLECTOR HOSHANGBAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGBAD
PIPERIYA DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2190 of 2017
BETWEEN:-
SURESH S/O SHRI RAMSWAROOP, AGED ABOUT 40
YEARS, OCCUPATION: CAST - MABASI ( S.T. ) VILLAGE
RORIGHAT TEHSIL PIPERIYA (MADHYA PRADESH)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
32
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARMENT OF URBAN
ADMINISTRATION AND DEVELOPEMTN
VALLABH BHAWAN, (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN, (MADHYA PRADESH)
3. COLLECTOR HOSHANGABAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGBAD
PIPARIYA DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2197 of 2017
BETWEEN:-
KU. PURNIMA D/O LATE SHRI RAMSWAROOP, AGED
ABOUT 23 YEARS, OCCUPATION: CASTE MABASI ( S.T. )
VILLAGE RORIGHAT TEHSIL PIPERIYA (MADHYA
PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCPAL SECRETARY DEPARTMENT OF URBAN
ADMINISTRATION AND DEVELOPEMTN
VALLABH BHAWAN, (MADHYA PRADESH)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
33
2. SECRETARY FOREST DEPARTMENT VALLABH
BHAWAN, (MADHYA PRADESH)
3. COLLECTOR HOSHANGABAD DISTT.
HOSHANGABAD (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
DISTT. HOSHANGABAD (MADHYA PRADESH)
6. SUB DIVISIONAL OFFICER HOSHANGBAD
PIPARIYA DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
WRIT PETITION No. 2229 of 2017
BETWEEN:-
SMT. GOMTI BAI W/O LATE ARJUN SINGH, AGED
ABOUT 74 YEARS, OCCUPATION: MABSI (ST) R/O VILL-
RORIGHAT TEH-PIPERIYA (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPTT OF URBAN
ADMINISTRATION DEVELOPMENT VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. SECRETARY FOREST DEPARTMENT VALLAVH
BHAWAN (MADHYA PRADESH)
3. COLLECTOR COLLECTOR HOSANGABD
(MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
HOSANGABD (MADHYA PRADESH)
5. DEPUTY DIRECTOR SATPUDA TIGER RESERVE
HOSANGABD (MADHYA PRADESH)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 5/1/2023
3:55:45 PM
34
6. SUB DIVISIONAL OFFICER PIPERIYA HOSANGABD
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
These petitions coming on for admission this day, the court passed the
following:
ORDER
This order shall also govern disposal of W.P.No. 1927/2017, W.P. No.1926/2017, W.P.No.1928/2017, W.P.No.1931/2017, W.P.No. 1934/2017, W.P.No.1935/2017, W.P.No.1940/2017, W.P. No.1944/2017, W.P.No.1945/2017, W.P.No.1947/2017, W.P.No.1973/2017, W.P.No.1974/2017, W.P.No.1975/2017, W.P.No.1977/2017, W.P.No.1978/2017, W.P.No.1979/2017, W.P.No.1980/2017, W.P.No.1984/2017, W.P.No.1985/2017, W.P.No.2055/2017, W.P.No.2056/2017, W.P.No.2057/2017, W.P.No.2058/2017, W.P.No.2059/2017, W.P.No.2061/2017, W.P.No.2062/2017, W.P.No.2135/2017, W.P.No.2136/2017, W.P.No.2138/2017, W.P.No.2139/2017, W.P.No.2140/2017, W.P.No.2141/2017, W.P.No.2142/2017, W.P.No.2173/2017, W.P.No.2175/2017, W.P.No.2176/2017, W.P.No.2177/2017, W.P.No.2180/2017, W.P.No.2187/2017, W.P.No.2190/2017, W.P.No.2197/2017 and W.P.No.2229/2017.
For the sake of clarity and convenience, facts as narrated in W.P. W.P.No.1930/2017 are being taken note of.
2. The petitioners have filed this petition under Article 226 of the Constitution of India while praying for following reliefs:-
" (i) That, the Hon'ble Court may kindly be pleased to issue the writ of Signature Not Verified Signed by: SAVITRI PATEL Signing time: 5/1/2023 3:55:45 PM 35 mandamus concern respondent authority to quash the impugned order dated 15/12/2015 passeed by the Collector in R.C.No.67B-121 year 15-16, in the interest of justice.
(ii) That, the Hon'ble Court may kindly be issue writ of mandamus concern respondent authority to provide rehablitation to petitioner as per the scheme of the rehabilitation of the respondent authority, in the interest of justice.
(iii) Any other relief/order, which this Hon'ble Court deemed fit looking to the facts and circumstances of the case in the end of justice."
3. The facts narrated in the petition reveal that the petitioner is a resident of Village Rorighat, Tehsil Pipariya, District-Hoshangabad. As the Village Rorighat was to be acquired for the purposes of the Satpura Tiger Reserve Pachmarhi, the claims of the residents as regards compensation and other benefits were to be decided in terms of Rehabilitation Policy. The petitioner being a resident of Village Rorighat/Roritola, submitted all documents seeking benefit of the Rehabilitation Policy. As the representation submitted by the petitioner was not being decided yet by the respondents, the petitioner approached this Court by filing W.P.No.16418/2015.
4. This Court vide order dated 05.10.2015 directed the Collector Hoshangabad to take a decision on the petitioner's grievance. Thereafter, the Collector Hoshangabad by passing the impugned order dated 15.12.2015 has rejected the claim of the petitioner. Thus, assailing the order dated 15.12.2015, this petition has been filed by the petitioner. In few connected petitions, similar impugned orders have been passed on a different date i.e. 30.01.2016.
5. Learned counsel for the petitioner contends that the Collector Hoshangabad has grossly erred in passing the impugned order dated 15.12.2015 (Annexure P/5) inasmuch as, the Collector was required to appreciate the definition of "displaced family" (foLFkkfir ifjokj). As the father of the petitioner owned land in Village Rorighat, the petitioner being a major son at Signature Not Verified Signed by: SAVITRI PATEL Signing time: 5/1/2023 3:55:45 PM 36 the time of issuance of notification under Section 4 of the Land Acquisition Act, 1894 [hereinafter referred to as "Act of 1894"] was a separate unit and therefore, the case of the petitioner was to be considered while including the petitioner to be a separate unit in terms of the Rehabilitation Policy. But, unfortunately, the Collector Hoshangabad in complete ignorance of the provisions of the said Policy, has proceeded to reject the claim of the petitioner vide impugned order dated 15.12.2015 (Annexure P/5).
6. Learned counsel further contends that the Rehabilitation Policy further contains Appendix-2 and which provides that an adult son or daughter of the displaced family shall be treated as a separate unit. Therefore, counsel submits that if the impugned order is subjected to Argus-eyed scrutiny in view of the Rehabilitation Policy, the same would reveal that the same is patently unsustainable. Thus, counsel prays that the impugned order dated 15.12.2015 deserves to be quashed.
7. Per contra, learned counsel for the respondent/State contends that in this bunch of writ petitions, the order of Collector Hoshangabad dated 15.12.2015 is being assailed who has passed the order in terms of Sections 24 and 25 of the Wild Life Protection Act, 1972 [hereinafter referred to as "Act of 1972"]. Counsel for the respondent/State further contends that the Collector Hoshangabad deemed to be a Collector proceeding under the provisions of the Act of 1894 by virtue of Section 25 (1)(a) of Act of 1972. Accordingly, any decision taken by the Collector is treated as an award and if a party or person is aggrieved by the said decision, the remedy is to seek reference in terms of Section 18 of Act of 1894.
8. Learned counsel for the respondent/State also contends that the Signature Not Verified Signed by: SAVITRI PATEL Signing time: 5/1/2023 3:55:45 PM 37 writ petition involves disputed question of facts inasmuch as, the petitioner's eligibility for compensation has been doubted by the Collector Hoshangabad. Such facts need to be adjudicated upon sifting and appreciation of evidence, which is not permissible under Article 226 of the Constitution of India. Therefore, counsel for the respondent/State submits that the petitioner can take recourse to the remedy available under Section 18 of the Act of 1894. Accordingly, the present petition is not maintainable as apparently the impugned order of the Collector Hoshangabad having been passed in consonance with the material placed before him, requires no interference.
9. Heard the submissions advanced on behalf of the parties and perused the record.
10. A perusal of the impugned order dated 15.12.2015 (Annexure P/5) passed in W.P.No.1927/2017, W.P.No.1926/2017, W.P.No.1928/2017, W.P.No.1930/2017 (present petition), W.P.No.1931/2017, W.P.No.1935/2017, W.P.No.1940/2017, W.P.No.1944/2017, W.P.No.1945/2017, W.P.No.1947/2017, W.P.No.1973/2017, W.P.No.1974/2017, W.P.No.1975/2017, W.P.No.1977/2017, W.P.No.1978/2017, W.P.No.1979/2017, W.P.No.1980/2017, W.P.No.1984/2017, W.P.No.1985/2017, W.P.No.2055/2017, W.P.No.2056/2017, W.P.No.2057/2017, W.P.No.2058/2017, W.P.No.2059/2017, W.P.No.2061/2017, W.P.No.2062/2017, W.P.No.2139/2017, W.P.No.2173/2017, W.P.No.2175/2017, W.P.No.2176/2017, W.P.No.2177/2017, W.P.No.2180/2017, W.P.No.2187/2017, W.P.No.2190/2017, W.P.No.2197/2017, W.P.No.2229/2017 as well as order dated 30.01.2016 (Annexure P/5) passed in W.P.No.1934/2017, W.P.No.2135/2017, W.P.No.2136/2017, W.P.No.2138/2017, Signature Not Verified Signed by: SAVITRI PATEL Signing time: 5/1/2023 3:55:45 PM 38 W.P.No.2140/2017, W.P.No.2141/2017, W.P.No.2142/2017 by the Collector Hoshangabad, reflects that the Collector proceeded to decide the application submitted by the petitioners in terms of the provisions of Chapter-IV of Act of 1972.
11. In terms of the Section 19 of Act of 1972, the Collector Hoshangabad is empowered to determine the rights and in terms of Section 21 of the Act of 1972 and Collector Hoshangabad is also authorized to carry out the proclamation. In terms of Section 24 of the Act of 1972, the question as regards acquisition of right of compensation is decided by the Collector. Section 25 of the Act of 1972 which is being germane for the purposes of the instant matter is extracted hereinunder:-
"Section 25. Acquisition proceedings.
(1) For the purpose of acquiring such land, or rights in or over such land,
(a) the Collector shall be deemed to be a Collector, proceeding under the Land Acquisition Act, 1894 (1 of 1894);
(b) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of that Act;
(c) the provisions of the sections, preceding section 9 of that Act, shall be deemed to have been complied with;
(d) where the claimant does not accept the award made in his favour in the matter of compensation, he shall be deemed, within the meaning of section 18 of the Act, to be a person interested who has not accepted the award, and shall be entitled to proceed to claim relief against the award under the provisions of Part III of that Act;
(e) the Collector, with the consent of the claimant, or the court, with the consent of both the parties, may award compensation in land or money or partly in land and partly in money; and
(f) in the case of the stoppage of a public way or a common pasture, the Collector may, with the previous sanction of the State Government, provide for an alternative public way or common pasture, as far as may be practicable or convenient.
(2) The acquisition under this Act of any land or interest therein shall be deemed to be acquisition for a public purpose."
12. A perusal of the provisions of Section 25 of the Act of 1972 reflects that the Collector is treated to be a Collector in terms of Act of 1894 Signature Not Verified Signed by: SAVITRI PATEL Signing time: 5/1/2023 3:55:45 PM 39 and therefore, when a decision is taken by the Collector the same is treated to be an award. Thus, a claimant who does not accept the award passed by the Collector, has the remedy to seek reference under Section 18 of the Act of 1894.
13. Therefore, as there exists an alternative and efficacious remedy, interference at this stage is not warranted. Moreover, disputed question of facts are involved which require sifting of the evidence and material, which are to be adduced and produced by the both the parties before the Court.
14. In view of the aforesaid, the present petition stands disposed of while extending liberty to the petitioner to move proper application seeking reference of the order passed by the Collector Hoshangabad dated 15.12.2015 (Annexure P/5) as well as order dated 30.01.2016 (Annexure P/5), as per Section 18 of the Act of 1894. If the petitioner approaches the Collector Hoshangabad within a period of 30 days from today, the Collector Hoshangabad shall take steps in accordance with Section 19 of the Act of 1972 within a further period of 90 days and refer the matter to the concerned Court for proper adjudication.
15. It is hereby made clear that this Court has not expressed any opinion on merits of the case.
16. With the aforesaid observation and direction, the present petition as well as connected writ petitions stand disposed of.
(MANINDER S. BHATTI) JUDGE sp Signature Not Verified Signed by: SAVITRI PATEL Signing time: 5/1/2023 3:55:45 PM