Madhya Pradesh High Court
Jamuna Prasad Chadar vs The State Of Madhya Pradesh on 7 December, 2015
WP-19394-2015
(JAMUNA PRASAD CHADAR Vs THE STATE OF MADHYA PRADESH)
07-12-2015
Shri M.L. Sharma, learned counsel for the petitioner. Heard on the question of admission and interim relief. The petitioner has filed this petition submitting that the land in question had been allotted to his ancestors by the erstwhile Malgujar as they were Gram Kotwars in the year 1909-1910 and since then they are in possession of the land.
It is stated that the Tahsildar, Jabalpur by order dated 11.05.2015 as well as the Tahsildar, Panagar have ordered that the land recorded in the name of Kotwars should be recorded as government land and possession thereof should be taken.
The learned counsel for the petitioner submits that a Division Bench of this court in the case of Tulsiram Chadar Vs. State of MP and others, W.A. No. 682/2015 has held that the right of the petitioners has to be considered and decided in the light of the circulars issued by the State Government from time to time and the individual facts of the petitioner's case.
It is stated that the authorities concerned have not taken any decision in the matter in this regard nor have they examined the case of the petitioner and have directly issued a general order Annexure P/1 dated 11.05.2015 for recording the land in possession of the Kotwars as government land which is contrary to law as well as order passed by this court in several petitions as well as W.A. No. 682/2015 dated 10.09.2015, a copy of which has been filed as Annexure P/10. Having heard the learned counsel for the petitioner, it is observed that the petitioner has filed this petition being aggrieved by general order issued by the Tahsildar, Panagar dated 11.05.2015. The documents filed by the petitioner along with the petition also do not indicate that the petitioner has filed any representation before the authority or prayed for making any enquiry in the matter in terms of the directions issued by this court in the aforesaid writ appeal and other connected matters and has directly approached this court by filing the present petition which is not permissible in law. At this stage, the learned counsel for the petitioner prays for permission to withdraw this petition with liberty to the petitioner to approach the authority by filing a representation bringing to their notice the orders passed by this court which have been annexed along with the petition.
The prayer is allowed.
The writ petition is permitted to be withdrawn with a liberty to the petitioner to approach the authority concerned by filing a representation.
It goes without saying that in case the petitioner does so along with a copy of the order passed today and a copy of the petition and all necessary documents, the authority concerned shall examine the matter in accordance with the provisions of law and thereafter proceed further in the matter. It is further directed that till decision in the petitioner's case by the competent authority he shall not be dispossessed.
With the aforesaid liberty/observations, the petition filed by the petitioner stands disposed of.
C.C. as per rules.
(RAVI SHANKAR JHA) JUDGE