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Madhya Pradesh High Court · body

2014 DIGILAW 971 (MP)

Jai Singh v. State of M. P.

2014-08-07

K.K.TRIVEDI

body2014
ORDER 1. It is contended that I.A.No.10210/2014 is filed seeking amendment in the writ petition in terms of the order dated 14.3.2014, the same be placed on record. On due consideration I.A., stands allowed. 2. The amendment be incorporated in writ petition during the course of the day. 3. It is contended by learned counsel for the petitioner that in somewhat similar circumstances, this Court in the case of Gram Panchayat Sarasdoli v. the State of Madhya Pradesh and three others, W.P. No. 20412 of 2011 has disposed of the writ petition vide order dated 7.12.2011. It is contended that in terms of provision of section 56 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, in case the Gram Panchayat finds that there are obstruction, hindrance or encroachment on the government land within the territory of the Gram Panchayat, a request can be made to the Tahsildar of the concerned Tahsil to take such steps as are necessary under the provisions of relevant law to remove such encroachment. However, despite making recommendation by the Gram Panchayat, no action has been initiated by the Tahsildar in that respect and therefore, the writ petition is required to be filed. 4. The provision of section 56 of the Act, reads thus :- “56. Hindrances, obstructions and encroachment upon public street and open sites.- (1) xxx xxx xxx xxx (2) Notwithstanding anything contained in sub-section (1), the Gram Panchayat shall have power to remove any such obstruction or encroachment and to remove any crop unauthorisedly cultivated on grazing or any other land not being private property and shall have the like power to remove any unauthorised obstruction or encroachment or projection of the like nature in any open site not being private property, whether such site is vested in Gram Panchayat or not and the expenses of such removal shall be paid by the person who has caused the said encroachment and on failure to pay such expenses the same may be recovered from such person as an arrear of land revenue. Provided that notwithstanding anything contained in sub-section (1) and this sub-section if the Gram Panchayat resolves to remove any hindrances, obstruction or encroachment on any land vested in the State Government it may refer to the Tahsildar to remove such hindrances, obstruction or encroachment from such land and the Tahsildar shall proceed to do so under the provisions of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959).” 5. Learned Deputy Advocate General appearing for the State does not dispute the above legal position and submits that the Tahsildar may be directed to take recourse to law. 6. In view of aforesaid, this petition is finally disposed of with a direction to respondent No.6-Tahsildar Amarpatan district- Satna to take action on the resolution preferred by the petitioner/Gram Panchayat Kataha seeking removal of encroachment from the government land within the limits of Gram Panchayat Kataha in accordance with law.