Madhya Pradesh High Court
Anand V.Bhardwaj vs The State Of Madhya Pradesh on 16 October, 2019
Author: Sheel Nagu
Bench: Sheel Nagu
1 WP-4869-2009
The High Court Of Madhya Pradesh
WP-4869-2009
(ANAND V.BHARDWAJ Vs THE STATE OF MADHYA PRADESH) 63 Gwalior, Dated : 16-10-2019 Shri V.K. Bhardwaj, Senior Advocate with Shri Raju Sharma, learned counsel for the petitioner.
Shri Ankur Mody, learned Additional Advocate General for the State. The Additional Advocate General Shri Ankur Mody informs that the Government has found the land in question to be forest land. The encroacher over the said land has filed an appeal before the Commissioner, Revenue Division, Gwalior which is listed for hearing on 28/11/2019.
It is not disputed by learned counsel for the State that there is no stay granted by the Commissioner on the proceedings initiated by SDO, Jhansi Road issuing eviction notice to the encroacher. However, it is submitted that since the record has been summoned by the Commissioner by exercising his appellate power, the eviction proceedings have come to a standstill.
Since the Government has already found the occupier to be encroacher over the forest land it would be appropriate that the SDO, Jhansi Road, Gwalior proceeds to evict the ecroacher, in view of absence of any interim order passed by any appellate authority.
Consequently, the State Government is directed to forthwith procure the record from the Court of Commissioner, Revenue Division, Gwalior and make the same available to the SDO, Jhansi Road, Gwalior so that the encroacher over the forest land is evicted.
This Court has no manner of doubt that the Commissioner Revenue Division, Gwalior, if approached by the State Government, for procuring the record would cooperate.
The State Government shall ensure availability of record with SDO, Jhansi Road, Gwalior latest by 21-10-2019, whereafter the SDO, Jhansi Road shall proceed to evict the encroacher over the forest land and report 2 WP-4869-2009 compliance to this Court.
List the case on 06/11/2019 for reporting compliance of the order.
(SHEEL NAGU) (RAJEEV KUMAR SHRIVASTAVA)
JUDGE JUDGE
Suneel
SUNEEL DUBEY
2019.10.17
12:27:08 +05'30'