Madhya Pradesh High Court
Sadhna Shrivastava vs The State Of Madhya Pradesh on 12 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:1210
1 WP-6076-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE AMIT SETH
WRIT PETITION No. 6076 of 2023
SADHNA SHRIVASTAVA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Nirmal Sharma - Advocate for the petitioner.
Shri Kaushlendra Singh Tomar - Govt. Advocate for the
respondents/State.
Reserved on :12.01.2026
Delivered on : 19/01/2026
ORDER
1.With the consent of parties, the matter is heard finally.
2. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner claiming the following reliefs:-
i. That, the orders dated 02.05.2022 passed by the Court of Learned Commissioner Gwalior Division, Gwalior (M.P.) in case no. 158/2021-22 & order dated 27.05.2021 passed by the Learned Collector Gwalior, Distt. Gwalior (M.P.) in case no. 0002/A-89/2019-2020 may kindly be quashed and set aside to the extent of the land bearing survey no. 257; and/or, ii. That, the petitioner may kindly be awarded costs for the misconceived litigation that the petitioner has been drawn into by the Statutory authorities; and/or, iii. That it may be directed to the respondent authorities that the revenue entry remark of illegal colonization may kindly be removed in relation to the land bearing survey no. 257 area 1.097 hectare; and/or, iv. Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted.Signature Not Verified Signed by: VANDANA VERMA Signing time: 19-Jan-26 7:23:14 PM
NEUTRAL CITATION NO. 2026:MPHC-GWL:1210 2 WP-6076-2023
3. The learned counsel appearing for the petitioner submits that in respect of land bearing Survey No.257 admeasuring 0.080 hectares, Survey No.260 admeasuring 0.210 hectares and Survey No.264 admeasuring 0.550 hectare situated at village Karigawa Khurd, Tehsil Morar, District Gwalior, proceedings were instituted against her by the competent authority/Collector, Gwalior in terms of Section 61-D of the Madhya Pradesh Pancayat Raj Evam Gram Swaraj Adhiniyam, 1993 on the allegation that the petitioner has indulged in illegal colonization without obtaining the colonizer licence as is required under Section 61 of Act of 1993 read with the provisions contained in the M.P.Gram Panchayat (Development of Colonies) Rules, 2014. He submits that on being noticed in the proceedings under Section 61-D, the petitioner appeared before the competent authority and submitted her reply inter alia stating that she was not the owner of Survey No.260 on the relevant date as the said land was purchased by her long back in the year 2007 from one Bharosiram S/o Damru and subsequently sold.
The petitioner also denied having indulged in any act of illegal colonization.
4. The learned counsel appearing for the petitioner submits that the factum of filing of reply by the petitioner is evident from the records of the proceedings conducted by the competent authority/Collector, Gwalior as has been filed by the State Government itself and yet, in the impugned order dated 27.05.2021, the Collector/competent authority has proceeded to pass the order on the pretext that inspite of service of notice, neither, the petitioner appeared herself nor any representative appeared on her behalf. No reply/documents were filed by her and therefore, on the basis of the material available on record, the order dated 27.05.2021 was passed whereby, the management of the so-called colony alleged to have been developed by the petitioner was handed over to the SDO, Morar for further proceedings.
5. The learned counsel appearing for the petitioner submits that the order passed by the Collector proceeds on facts which are contrary to record inasmuch Signature Not Verified Signed by: VANDANA VERMA Signing time: 19-Jan-26 7:23:14 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:1210 3 WP-6076-2023 as not only the reply submitted by the petitioner has not been considered but, an incorrect finding has been recorded that no explanation/reply was submitted by her. It is further submitted that in the appeal preferred by the petitioner against the order dated 27.05.2021, the appellate authority has also recorded a perverse finding that the reply/objections submitted by the petitioner were considered and that on her request spot inspection of the land in question was done and thereafter, the competent authority passed the impugned order. Accordingly, he submits that since, the order impugned has been passed without considering the reply of the petitioner and in disregard of the principles of natural justice, the same is unsustainable in the eyes of law.
6. On the other hand, the learned counsel appearing for the State submits that, the order of the Collector/competent authority impugned in the instant writ petition dated 27.05.2021 does not state that no reply/documents on behalf of the petitioner was filed but it states that no one appeared for the petitioner to submit her stand and the fact remains that in the spot inspection, it has come on record that the petitioner had divided the land in question into plots with murram roads/pathways having been laid, thus indulged in illegal colonization by division of land into plots. He submits that pursuant to the order passed by the Collector/competent authority dated 27.05.2021, the SDO is enquiring into the factum of any sale of plots being made by the petitioner and in the said proceedings, the grievance of the petitioner, if any, could be considered. Accordingly, he submits that the petition does not warrant interference.
7. No other point has been pressed by the learned counsel appearing for the parties.
8. Heard the learned counsel for the parties and perused the record.
9. A perusal of Annexure P/9 indicates that on 21.10.2019, the Patwari of Village Birampura reported to the Tahsildar, Morar that illegal colonization was Signature Not Verified Signed by: VANDANA VERMA Signing time: 19-Jan-26 7:23:14 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:1210 4 WP-6076-2023 being carried out by the petitioner over the lands bearing survey no. 257, 260 and
264. Pursuant thereto, a notice dated 10.02.2020 was issued by the Collector, Gwalior wherein it was specifically indicated that illegal colonization was found to have been committed by the petitioner over the aforesaid survey numbers, and the petitioner was directed to submit her reply on 20.02.2020.
10. Thereafter, reply dated 20.02.2020 was filed by the petitioner to the said notice. A perusal of the reply dated 20.02.2020 filed by the petitioner indicates that although the petitioner, in the present writ petition, has confined her challenge to the land bearing Survey No. 257 but no specific or categorical denial or explanation has been made in her reply to the notice dated 10.02.2020 issued by the Collector with regard to the allegation of illegal colonization in respect of Survey No. 257.
11. The procedure for taking over the management of an alleged illegal colony is provided under Rule 21 of the M.P. Gram Panchayat (Development of Colonies) Rules, 2014 which reads as under:-
21. Management of the colony.-(1) If the fact of transfer or agreement to "transfer plots made by the Colonizer in an area or illegal diversion or illegal colonization comes to the notice of the Competent Authority, he shall immediately take over the management of such land and issue notice and publish the same in at least two daily Hindi news papers circulated in the jurisdiction of the district under which the Gram Panchayat falls and call upon all the persons interested in the said land to show cause within such period, as may be specified therein, as to why the management of the said colony should not be taken over by the Competent Authority.
(2) On the expiry of the period specified in the notice, the Competent Authority shall consider the objections or suggestions, if any, received with reference to the notice and if he considers necessary, require any Signature Not Verified Signed by: VANDANA VERMA Signing time: 19-Jan-26 7:23:14 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:1210 5 WP-6076-2023 such person who has raised any objection, to appear either in person or through authorized representative with all the relevant documents for hearing.
(3) The Competent Authority after hearing the parties, may make such further inquiry in the matter, which he may think proper and may,-
(i) drop the proceedings if he is satisfied that the land is not subjected to illegal diversion or illegal colonization;
(ii) takeover the management of the land, if he finds any illegal diversion or illegal colonization thereon;
and where the management of land is taken over in the manner prescribed above, the Competent Authority shall prepare a scheme for the development and delivery of such land to the plot holders, if any, and the scheme so prepared shall be published for the information of general public in such a manner, as he may deem fit.
4. The expenses incurred by the Competent Authority on the management of the land shall be included in the development charges of the land and shall be recoverable on pro-rata or on any fair basis from the persons to whom the plots have been allotted under the scheme,
5. The Competent Authority shall take action against employees under section 61-E and 61-EA of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (No. 1 of 1994).
12. The scheme of Rule 21 of the Rules of 2014, as quoted hereinabove, indicates that as soon as the fact of illegal colonization comes to the notice of the competent authority, he is required to immediately take over the management of such land and thereafter issue notice and publish the same in atleast two daily Hindi newspapers circulated in the jurisdiction of the district under which the Signature Not Verified Signed by: VANDANA VERMA Signing time: 19-Jan-26 7:23:14 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:1210 6 WP-6076-2023 Gram Panchayat falls and call upon the persons interested in the said land to show cause as to why the management of the said colony should not be taken over by the competent authority. On receipt of objections/reply etc. in terms of Rule 21 (3), the competent authority, after hearing the parties, may make such further inquiry in the matter which he may think proper and may, (i) drop the proceedings if he is satisfied that the land is not subjected to illegal diversion or illegal colonization; or (ii) take over the management of the land, if he finds any illegal diversion or illegal colonization thereon.
13. In compliance of the order dated 06.11.2025 by this Court, the State Government had placed on record the copy of the proceedings drawn by the competent authority/Collector culminating into the order dated 27.05.2021 impugned in the instant writ petition vide I.A. No.14988/2025.
14. The record of proceedings drawn by the Collector and filed by the State indicates that the petitioner filed her reply to the notice under Section 61-D on 20.02.2020, and thereafter the matter was fixed for arguments. On 24.02.2020 and 02.03.2020, representatives of the petitioner appeared and the matter was adjourned for arguments. On 09.03.2020, the petitioner's brother appeared, however, the matter could not be heard as the Presiding Officer was on leave. Subsequently, owing to the Covid-19 lockdown, the matter could not be taken up on 23.03.2020 and was thereafter listed on 26.05.2020, when a fresh notice was issued fixing the matter for 09.07.2020. Despite service of notice, none appeared on behalf of the petitioner on 09.07.2020 and 30.07.2020, and opportunities were granted to enable her to put forth her stand. On 27.08.2020, the competent authority called for a spot inspection report, which was received on 28.01.2021. After considering petitioner's reply dated 20.02.2020 and finding it unsatisfactory in light of the spot inspection report filed by the Revenue Authority, the competent authority passed a preliminary order on 28.01.2021 prima facie concluding that illegal colonization was being carried out on Survey Nos. 257, Signature Not Verified Signed by: VANDANA VERMA Signing time: 19-Jan-26 7:23:14 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:1210 7 WP-6076-2023 260 and 264 without requisite permission. By the said order dated 28.01.2021, further sale of plots was restrained and notices were directed to be published in two daily newspapers calling for objections. The public notice was duly published in the newspapers on 10.02.2021; however, neither the petitioner nor any other interested person appeared or filed objections on 03.03.2021 or 25.03.2021. Thereafter, the matter was reserved and the final order dated 27.05.2021 was passed by the Collector.
15. The contention thus advanced on behalf of the petitioner that the reply submitted by her was not duly considered is found to be incorrect on the basis of the record placed by the State. The final order dated 27.05.2021 does not state that the notice dated 10.02.2020 was not replied to or that no reply was filed by the petitioner; rather, it records that, on account of the petitioner's non- appearance despite being granted repeated opportunities, no one appeared to represent petitioner and to submit her stand during the course of hearing. The reply submitted by the petitioner stood duly considered by the Collector while passing preliminary order dated 28.01.2021.
16. The counsel appearing for the petitioner failed to point out that after the issuance of notice through paper publication pursuant to preliminary order dated 28.01.2021, any reply was submitted by the petitioner. Even the sale deeds filed by the petitioner before this Court are pertaining to land bearing Khasra No. 260 (pg. 32 of the petition) and Khasra No. 264 (Annexure P/6) and are not in relation to Khasra No. 257 for which the relief is being sought in the present petition. Moreover, the sale deeds of lands bearing Khasra No. 264 filed by the petitioner is made subsequent to the report dated 21.10.2019 submitted by the Revenue Authority wherein illegal colonization against the petitioner was first reported to the Collector. In view whereof, it cannot be said that there is any violation of principles of natural justice or the reply submitted by the petitioner has not been considered by the authority concerned.
Signature Not Verified Signed by: VANDANA VERMA Signing time: 19-Jan-26 7:23:14 PMNEUTRAL CITATION NO. 2026:MPHC-GWL:1210 8 WP-6076-2023
17. The record produced by the counsel appearing for the State contains the spot inspection report submitted by the Revenue Authority in compliance of the interlocutory order dated 27.08.2020 passed by the Collector. The spot inspection report reveals that land bearing Survey Nos. 257, 260 and 264 situated at village Karigawa Khurd had been divided into plots by laying murram roads, and thereby indicating illegal colonization by the petitioner. The petitioner has neither filed any rebuttal nor controverted the said spot inspection report, nor has any material been placed on record to dispute the findings recorded therein. Admittedly, the prayer made in the writ petition is confined to land bearing Survey No. 257; however, no independent material has been brought on record by the petitioner to indicate that the findings of the spot inspection, insofar as Survey No. 257 is concerned, are incorrect or inapplicable. After passing of Preliminary Order dated 28.01.2021 by the collector and despite publication of notice in two daily newspapers on 10.02.2021 and grant of repeated opportunities, the petitioner failed to submit any response or objection before passing of the final order. These factual aspects were duly considered by the appellate authority/Commissioner, Gwalior vide order dated 02.05.2022 while affirming the order dated 27.05.2021 passed by the competent authority/Collector, Gwalior.
18. It is a settled principle of law that the principles of natural justice are not an unruly horse and cannot be applied in a straitjacket manner as their application depends upon the facts and circumstances of each case. In the given facts and circumstances, adequate notice has been issued, opportunity of filing reply and adequate opportunity of hearing has been duly afforded, and the material on record has been considered by the authority and hence, no case for violation of the principles of natural justice is made out. Therefore, in the absence of any material contradicting or disputing the inspection report or supporting the relief claimed in respect of illegal colonization on land bearing Survey No. 257, no case for granting the reliefs prayed by the petitioner is made out and therefore, Signature Not Verified Signed by: VANDANA VERMA Signing time: 19-Jan-26 7:23:14 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:1210 9 WP-6076-2023 interference is declined. Accordingly, the writ petition stands dismissed.
19. Pending application (s), if any, shall stand closed.
(AMIT SETH) JUDGE Van Signature Not Verified Signed by: VANDANA VERMA Signing time: 19-Jan-26 7:23:14 PM