Laxmansingh vs The State Of Madhya Pradesh on 19 October, 2023

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Madhya Pradesh High Court

Laxmansingh vs The State Of Madhya Pradesh on 19 October, 2023

Bench: Vijay Kumar Shukla

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                             ON THE 19 th OF OCTOBER, 2023
                                             WRIT PETITION No. 4105 of 2023

                           BETWEEN:-
                           1.    LAXMANSINGH S/O PRABHUNATHSINGH, AGED
                                 ABOUT 55 YEARS, OCCUPATION: AGRICULTURE
                                 R/O BARADWARI RAJGARH (MADHYA PRADESH)

                           2.    BANESINGH S/O PRABHUNATHSINGH, AGED
                                 ABOUT 48 YEARS, OCCUPATION: AGRICULTURE
                                 BARADWARI,   RAJGARH,    DIST.  RAJGARH
                                 (MADHYA PRADESH)

                           3.    MANSINGH S/O PRABHUNATHSINGH, AGED
                                 ABOUT 45 YEARS, OCCUPATION: AGRICULTURE
                                 BARADWARI,   RAJGARH,    DIST.  RAJGARH
                                 (MADHYA PRADESH)

                                                                                     .....PETITIONERS
                           (SHRI C.L. YADAV - SENIOR COUNSEL WITH SHRI SHYAM THAKUR,
                           COUNSEL FOR THE PETITIONERS)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY, NAGARIYA VIKAS EVAM AVAS
                                 VIBHAG, GOVT. OF MADHYA PRADESH, VALLABH
                                 BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    COLLECTOR RAJGARH         DISTRICT    RAJGARH
                                 (MADHYA PRADESH)

                           3.    THANA PRABHARI RAJGARH, DIST. RAJGARH
                                 (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (SHRI AJAY RAJ GUPTA - G.A. FOR RESPONDENT/STATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
Signature Not Verified
Signed by: MUKTA
CHANDRASHEKHAR KOUSHAL
Signing time: 19-10-2023
16:54:27
                                                                   2
                                                                  ORDER

The present petition is filed under Article 226 of the Constitution of India for quashment of the order dated 2.3.2021 passed by Collector, Rajgarh whereby he has directed for registration of FIR against the petitioners for illegal colonization contrary to the provisions of section 339(x)(1)(2)(3) of M.P. Municipalities Act, 1961. Being aggrieved by the said order, the petitioners filed a revision before the State Government and the said revision was disposed off by remanding the matter to the Collector, Rajgarh to reconsider the matter and to consider the submissions made by the petitioners.

2. Counsel for the State submits that in pursuant to the order passed by the State Government, the Collector has started re-hearing after the remand and petitioners are being represented in those proceedings. The last date of proceeding was 14.8.2023 as per return.

3. Counsel for petitioners submits that while remanding the matter to the Collector, the State Government has impliedly set aside the order of Collector for registration of FIR.

4. Counsel for the State submits that FIR has already been registered.

5. Considering the aforesaid submission, the present petition is disposed off with a direction to the Collector, Rajgarh to decide the matter after the remand in accordance with law within a period of 3 months from the date of communication of the order passed today.

6. Till then, further proceedings of crime No. 94/2021 registered at P.S. Rajgarh shall remain stayed. The stay order shall automatically come to an end after the decision by the Collector.

C.c. as per rules.

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 19-10-2023 16:54:27 3

(VIJAY KUMAR SHUKLA) JUDGE MK Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 19-10-2023 16:54:27

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