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2015 DIGILAW 71 (MP)

Dilip Singh Yadav v. State of M. P.

2015-01-19

SUJOY PAUL, U.C.MAHESHWARI

body2015
ORDER 1. Heard on the question of admission. 2. On behalf of the petitioner, a political and social worker of Karera, District Shivpuri, this Public Interest Litigation petition is preferred under Article 226 of the Constitution for India for issuing the appropriate writ against the authorities of the respondents for the following reliefs :- (i) That, the permission (Annexure – P/2) granted by the respondent No.7 and 8 in favour of the respondent No.4 may kindly be quashed and the action of the respondent No.4 to 6 trying to encroach over the land survey No.2126, 2128, 2130, 2131 and 2132 which is Nistar government land may kindly be held to be illegal and accordingly they may be restrained from interfering in the public use for Nistar purposes on the aforesaid land. (ii) Consequently, the respondents No.1 to 3 may kindly be directed to save the aforesaid government land for the Nistar purposes as it is already reserved for the aforesaid purpose and take action against the respondents No.4 to 8 for prosecution of their illegal act as per law. (iii) That, the respondents No.1 to 3 and respondents No.7 and 8 may be directed to remove all the construction made on the aforesaid government/Nistar land made by the respondents No.4 to 6. (iv) That, cost of the petition be awarded. 3. In the course of the argument, after perusing the order dated 24.11.2014 passed in a PIL – W.P. No.5190/2014, which was filed at the instance of the petitioner, on asking the petitioner's counsel that by this order the petitioner was extended a liberty to submit his representation in the office of the Collector Shivpuri for the dispute raised in such petition and in compliance of such direction of this Court whether any representation was filed by the petitioner and if it was filed then what is the present status of the same, on which the petitioner's counsel submits that such petition was related with some other dispute and not the dispute which is raised in the present petition. Copy of such order has been annexed as Annexure P/4 only to show the antecedents of the petitioner, by which he had taken the care of the public issue and the same was not annexed for any other purpose. Copy of such order has been annexed as Annexure P/4 only to show the antecedents of the petitioner, by which he had taken the care of the public issue and the same was not annexed for any other purpose. In view of such submission, again on asking the counsel whether before approaching this Court he has filed the elaborate representation with respect of the dispute as stated in the petition in the office of the state authorities or the Collector, on which firstly he has submitted that he has filed such objection by way of Annexures P/8 and P/9 and in continuation he restricted his prayer and prayed to extend the liberty to the petitioner to file a fresh elaborate representation with respect of the dispute raised in this petition with further prayer for appropriate direction to the authorities or the respondent No.2 to consider and decide the same on its own merits keeping in view the rules, regulations, notifications, provisions, circulars and the scheme promulgated in this regard on some early date within some time bound schedule. 4. In view of the aforesaid limited prayer of the counsel, instead to admit or issuing any notice of this petition to the other side, so also without expressing any opinion on the merits of the matter, this petition is disposed of by extending the liberty to the petitioner to file its elaborate representation with respect of the dispute raised in this petition in the office of the authority of the respondent No.2 – Collector within fifteen days from today and pursuant to it, such authority is directed that on filing such representation within the prescribed period, the same be considered and decided after keeping in view the rules, regulations, notifications, provisions, circulars and the scheme promulgated in this regard, so also the papers annexed with the petition except the aforesaid order - Annexure P/4 within further ninety days under intimation to the petitioner. There shall be no order as to costs.