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Madhya Pradesh High Court · body

2017 DIGILAW 851 (MP)

Purshottam Sharma v. State of M. P.

2017-07-21

ANAND PATHAK

body2017
ORDER 1. With consent, heard finally. 2. The short grievance of the petitioner in this petition relates to non-consideration of petitioner's complaint submitted to the Collector under section 4 of the M.P. Nagriya Kshetron Ke Bhoomihin Vyakti (Pattadhriti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984 (hereinafter referred to as the Adhiniyam of 1984). 3. By the aforesaid complaint, petitioner has brought to the notice of the Collector/Prescribed Authority the illegal dispossession of petitioner by certain antisocial elements though petitioner otherwise has a valid right to be in possession by virtue of Patta having been awarded to him under section 3 of the Adhiniyam of 1984. Petitioner having approached the Collector filed the aforesaid complaint, but the same has so far not been addressed to, therefore, the petitioner has filed the instant writ petition under Article 226 of the Constitution of India seeking indulgence of this Court in the matter of issuance of command to respondent/Collector to decide the same within a stipulated period. 4. Learned counsel for the respondents/State has shown his grace having acceded to the prayer of petitioner in the event this Court directs the Collector to decide the petitioner's pending complaint under section 4 of the Act of 1984. 5. In view of the aforesaid, this petition is disposed of with direction to Collector to bestow conscious consideration on the petitioner's statutory complaint filed under section 4 of the Adhiniyam of 1984 annexed with this petition as Annexure P-6 and after affording due opportunity, if demanded, to the petitioner, decide the same by a speaking order addressing upon the contentions raised in the complaint within a period of eight weeks from the date of production of certified copy of this order along with a letter of request by the petitioner, which the petitioner shall produce within ten days from today. It is hereby clarified that competent authority would verify the authenticity and veracity of the claim made by the petitioner regarding grant of Patta and if petitioner is holding a legal Patta, then proceedings shall be undertaken in accordance with the Adhiniyam of 1984 as expeditiously as possible, preferably within three months. 6. It is clarified that this Court has not expressed any opinion about merits of the case. 7. With the aforesaid directions, this petition stands disposed of.