Madhya Pradesh High Court
Wakeel Khan vs The State Of Madhya Pradesh on 25 January, 2017
W.P.No.21109/2015
25/1/2017
Shri Sanjay K.Sharma, learned counsel for the petitioner.
Shri Vikram Johri, panel lawyer for respondent State.
Shri R.Singh, learned counsel for respondent no.3.
Petition is directed against notice dated 9.11.2015 whereby, the petitioner has been directed to remove the encroachment over 150 sq.ft. out of 3454 sq.ft. of Nazul land, Block No.35, Plot No.49 situated in Khandwa.
Challenge is on the ground that decree of mandatory injunction is passed in favour of the petitioner in Civil Suit No.66-A/2011 decreed on 01.10.2012 wherein it is held :
^^1- oknh 'kgj [kaMok ds utqy Cykd uacj 35 IykaV uacj 49 {ks=Qy 3454 oxZQhV iSdh 15 ck; 10 ;kus 150 oxZQqV Hkw[k.M dk fof/kor~ vkf/kiR;/kkjh gSa\ 2- oknh ds i{k esa rFkk izfroknh ds fo:) bl vk'k; dh LFkk;h fu"ks/kkKk ikfjr dh tkrh gS fd izfroknh] oknh dks mDr fookfnr Hkw[k.M ls csn[ky ugha djsA 3- izfroknh vius Lo;a dk ,oa oknh dk Hkh okn O;; ogu djsxkA 4- vfHkHkk"kd 'kqYd izek.k&i= is'k djus ij ;k rkfydk vuqlkj tks Hkh de gks og yxk;k tkosA^^ Learned counsel appearing for the State and its functionaries submits that the land in question is a Nazul land, whereas in Civil Suit the decree directed is against Municipal Corporation, it is urged that in Civil Suit, the State was not a party as such the judgment and decree relied upon by the petitioner is not binding upon the State and its functionaries. It is further contended that the petitioner claims to be owner of the property, he is always at liberty to explain it to Nazul Officer Khandwa who has issued the notice.
There being substantial force on behalf of State and its functionaries instead of dwelling upon the issue raised in this petition, the petition is disposed of with liberty to the petitioner to raise all such grounds available to him before the Nazul Officer within a period of 15 days from the date of passing of this order. Nazul Officer shall dwell upon the objection raised by the petitioner and pass a reasoned order after affording an opportunity of hearing to the petitioner within a period of 60 days from the date of representation.
Till a final decision is taken by the Nazul Officer, interim injunction granted vide order dated 10.12.2015 to continue.
Petition stands disposed of finally in above terms.
Certified copy as per rules.
(SANJAY YADAV) JUDGE das