Madhya Pradesh High Court
Kishore Kumar Wadhwani vs The State Of Madhya Pradesh on 14 May, 2015
WP-6137-2015
(KISHORE KUMAR WADHWANI Vs THE STATE OF MADHYA PRADESH)
14-05-2015
Heard Shri Deepak Pajwani, learned counsel for the
petitioner and A.K. Singh, learned Panel Lawyer learned
counsel for the respondent/ State on advance copy on
admission.
The petitioner has filed this petition praying for a direction to the respondents/authorities not to proceed against the petitioner pursuant to the order dated 27.3.2015 for removal of the petitioner's structure standing on Nazul land by treating him to be an encroacher till the decision on his application for grant of permanent lease in view of the order passed by this Court in W.P No. 15791/2012 dated 25.9.2012. It is stated that this Court in the said writ petition had directed the respondents/authorities to maintain the status quo with respect to the structure of the petitioner standing on the disputed land till adjudication of the petitioner's representations dated 22.2.2012 for grant of permanent lease and dated 5.7.2012 for renewal of temporary lease.
It is submitted that while petitioner's application for renewal of temporary lease has been rejected by the impugned order dated 27.3.2015, his application for grant of permanent lease dated 22.2.2012 is still pending and therefore, the order passed by this Court in W.P No. 15791/2012 still remains operative. It is stated that the authorities without looking to the aforesaid aspect propose to proceed further against the petitioner by treating him to be an encroacher. It is submitted that in view of the directions issued by this Court in W.P No. 15791/2012, the respondents be restrained from doing so.
The learned counsel appearing for the respondent/State submits that the order passed by this Court in W.P No. 15791/2012 dated 25.9.2012 shall be followed and complied with in letter and spirit.
Having heard the learned counsel for the parties and having perused the record, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner produces a certified copy of the order passed today alongwith the copy of the petition as well as the certified copy of the order passed in W.P No. 15791/2012 before the respondents/authorities within two weeks from today, the authority concerned shall look into the same and take all steps to ensure compliance of the order passed by this Court in W.P No. 15791/2012 dated 25.9.2012. With the aforesaid direction, the petition filed by the petitioner stands disposed of.
C.C. as per rules.
(RAVI SHANKAR JHA) JUDGE