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Madhya Pradesh High Court · body

2011 DIGILAW 462 (MP)

Bhagwati Bai Yadav v. Secretary, State of Madhya

2011-04-18

SANJAY YADAV

body2011
JUDGMENT : Petitioner by way of this petition under Article 226 of the Constitution of India seeks direction to the respondents/Collector, Harda and Chief Municipal officer, Nagar Palika Parishad, Harda, not to dispossess/interfere with the possession of the petitioner over the land in question. The petitioner also claims compensation of Rs. 5,00,000/- in lieu of alleged illegal demolition of the house of the petitioner. Petitioner claims her to be the legal heir of one late Thakur Guljar Singh, who was freedom fighter and was in possession of land admeasuring 200 ft. x 200 ft. = 40,000 sq. ft. situated near Harda city veterinary hospital in Ward No. 17, Harda, whereon certain construction was raised by him and was named as Guljar Bhawan. It is the contention of the petitioner that she is residing along with her family in the constructed building since last 50 years and after the death of late Thakur Guljar Singh her husband prior to his death, had applied for mutation over the said property, which otherwise stood in the name of Thakur Guljar Singh. It is contended that the respondent/Nagar Palika Parishad, Harda in arbitrary exercise of power demolished the entire Guljar Bhawan under the pretext that the same was unauthorizedly constructed over Municipal land. It is in the background of these facts, the petitioner seeks direction for non- interference on the land in question and a compensation in lieu of alleged demolition. Though the petitioner claims herself to be the legal heir of late Thakur Guljar Singh as also owner of the land in question; however, no cogent material is brought on record to establish the said facts. On the contrary, representation preferred by late husband of the petitioner brought on record as Annexure-P/4 indicates that late Guljar Singh was not married and the petitioner happens to be the wife of nephew of late Guljar Singh. No document is also brought on record indicating therein the right, title or interest of said Guljar Singh over the land in question. In a petition under Article 226 of the Constitution of India it is incumbent upon the petitioner to establish his/her legal right, in absence whereof no mandamus can be issued. Therefore, present petition cannot be entertained. It is accordingly dismissed. The petitioner, however, is set at liberty to seek remedy in Civil Court. Certified copy as per rules.