Research › Search › Judgment

Madhya Pradesh High Court · body

2018 DIGILAW 534 (MP)

M. Narkura v. State of M. P.

2018-06-18

SHEEL NAGU

body2018
ORDER 1. The present petition has been filed under Article 226 of the Constitution of India seeking the following reliefs : 1. The respondent Collector Distt. Datia may kindly be directed to decide the pending grievance of the petitioner as early as possible 2. The respondents No. 5 and 6 may kindly be directed to take action against the respondents No. 7 and 9 as per the letter issued by the revenue authorities. 3. The respondents No. 7 to 9 may kindly be directed not to raise construction over the common MED and the common way and comply the order passed by the Nayab Tahsildar dated 24.11.2015. 4. The cost of the litigation may also be awarded. 5. Any other relief which this Hon'ble Court deem fit in the facts and circumstances of the case may kindly be granted to the petitioner. 2. The grievance of the petitioner is that despite the order having been passed in his favour under section 131 M.P.L.R. Code vide P-3 dated 24.11.2015 and despite the Nayab Tahsildar having directed the SHO, Sevda Distt. Datia vide Annexure P-7 dated 18.7.2017 and P-9 dated 17.4.2018 to ensure removal of encroachment made by the respondents No. 8 and 9 on the land in question, in respect of which the order under section131 M.P. Land Revenue Code is passed, no action against the respondents No. 8 and 9 has been taken till date. 3. In view of the above and looking to the fact that the competent authority has already passed an order in respect of clearing the right to way available to the petitioner to have access to and fro his agricultural land, functionaries of the State are taking no action to implement the said order, this Court in exercise of its power under writ jurisdiction directs the Collector, Distt. Datia to ensure implementation of the order passed by Nayab Tahsildar under section 131 M.P. Land Revenue Code vide P-3 by taking necessary remedial action for removing the encroachment as expeditiously as possible, preferably within a period of four weeks from today. 4. With the aforesaid direction, the present petition stands disposed of.