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2011 DIGILAW 122 (MP)

Yukub Ali Khan v. State of M. P.

2011-01-28

R.S.JHA, S.R.ALAM

body2011
ORDER 1. Heard on the question of admission. 2. In the instant writ petition which has been filed as a Public Interest Litigation, the petitioner have questioned the possession of respondents No.6 to 11 over the land in question. It is alleged that respondents No.6 to 11 in collusion with respondents No.1 to 5 have grabbed the land recorded in the name of the State Government and have given it on rent to various persons. It is further alleged that respondents No.6 to 11 are executing sale deeds in respect of the land of the State Government and they do not have any right, title or interest over the lands in dispute. 3. It appears that the petitioner earlier filed writ petition No. 5391/2010 in respect of the similar grievance and relief and the Division Bench of this Court after hearing learned counsel for the parties disposed of the said writ petition vide order dated 3.5.2010 with direction that since the petitioner has remedy under section 248 of the M.P. Land Revenue Code (hereinafter referred to as 'the Code') the removal of encroachment and since he has already moved an application before the Collector, the Collector, Harda, shall examine the representation and after necessary enquiry and affording opportunity of hearing to all the necessary parties including the appellant pass an appropriate order within a period of three months. 4. In compliance to the aforesaid order, the Collector, Harda, after conducting necessary enquiry and hearing the parties disposed of the representation vide order dated 4.10.2010 with a finding that since there is no encroachment over the Government land, hence there is no necessity to initiate the proceeding for removal of encroachment under section 248 of the Code. The petitioners being aggrieved by the aforesaid order of the Collector dated 4.10.2010 have now preferred this Public Interest Litigation. 5. Having heard learned counsel for the parties we are of the view that no public element is involved in this petition and further the question of title cannot be adjudicated in a petition filed under Article 226 of the Constitution of India. Reference may be made to the judgment of the apex Court in Srinivas v. Government of Andhra Pradesh and others, AIR 2005 SC 4455 . 6. In view of the above, we are not inclined to entertain this petition as Public Interest Litigation. Reference may be made to the judgment of the apex Court in Srinivas v. Government of Andhra Pradesh and others, AIR 2005 SC 4455 . 6. In view of the above, we are not inclined to entertain this petition as Public Interest Litigation. The petition is accordingly dismissed in limine with liberty to the petitioners to avail such other remedy available to them under the law.