Madhya Pradesh High Court
Ram Kishan Prajapati vs The State Of Madhya Pradesh on 21 March, 2013
W.P. No.21792 Of 2011
21.3.2013
Shri Praveen Pandey, learned counsel for the petitioner.
The petition is for following direction:
(i) That, this Hon'ble court may kindly be pleased to
direct the respondent to not remove the petitioner
from his house, where he is living since long back and possessing the permanent lease granted by the state govt. in the year 1984 under the Madhya Pradesh Nagirya Kshetron Ke Bhumiheen Vyaktiyon ke Pattadhikaron ka Pradan Kiya Jana Adhiniyam, 1984.
(ii) That, Hon'ble Court may kindly be pleased to direct the respondents to not to take any coercive action against the petitioner and his house.
(iii) That, this Hon'ble Court may further be pleased to direct to the authority of the Manav Adhikar Ayog and any other competent authority to inquire the matter regarding illegal act of the respondents they are misusing of their power and trying to forcefully dispossessed the house of petitioner and other poor person after considering the enquiry report the Hon'ble Court may kindly be pleased to punished the respondent No. 2 and 4.
(iv) Any other relief, which this Hon'ble Court deems fit and proper may also be granted to the petitioner.
At the stage of hearing, learned counsel for the petitioner submits that in a similar matter W.P. No. 21519/2011 a statement was made on behalf of State Government that no action is being proceeded for the present. Accordingly, the said writ petition was disposed of with a liberty to the petitioner that if she has any grievance, she may represent the Collector, Jabalpur, who shall ensure that the rights accruing to the petitioner by virtue of the patta granted are not taken away without following the due process of law.
Learned counsel for the petitioner submits that present petition may also be disposed of in the light of above direction.
Since the petitioner has to submit that no action in the present is taken by the respondents, no cause of action accrues at this stage. In case, in future any action is taken by the respondents, the petitioner would be at liberty to seek redressal in accordance with law.
Petition is disposed of finally in above terms. C.c. as per rules.
(SANJAY YADAV) JUDGE Vivek Tripathi