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2018 DIGILAW 698 (MP)

Narendra Singh Parihar v. State of M. P.

2018-08-13

ASHOK KUMAR JOSHI, SANJAY YADAV

body2018
ORDER 1. Petitioner pro bono vide this petition alleges encroachment over Survey No. 520/461, 168, 174/Min-1 and 174/Min -2 at Village Supawali, District Gwalior. 2. Notices were issued to the respondents. 3. On receiving the notice, status-report was filed on 11.12.2017, wherein it is stated that on enquiry being caused no encroachment was found over Survey No. 520/461 area 0.06 hectare, Survey No. 168 area 0.40 hectare, Survey No. 174/Min-1 area 6.069 and 6.540 hectare, while over Survey No. 174/Min-2 area 0.051 hectare, encroachment of one Sanjay Bhanshali s/o Gyan Chandra Bhansali was found whereover a stone crusher was found installed. 4. That a proceedings under section 248 of the Madhya Pradesh Land Revenue Code, 1959 was initiated in pursuance whereof the said Sanjay Bhansali filed detailed reply along with the registered sale deed dated 22.4.2006 contending inter-alia that he is the owner of Survey No. 174/Min-2 area 0.33 hectare. Vide another status report filed on 15.5.2018 it is stated that the order was issued by Sub Divisional Magistrate, Gwalior on 1.5.2018 whereby Naib Tahsildar was directed to verify the ground position of the different survey numbers mentioned in the petition, whereof Naib Tahsildar registered a case and called a report of inspection on 4.5.2018 by constituting a team by said order. On 5.5.2018 the committee so constituted submitted its report stating encroachment over part of Survey No. 168, 170, 173, 174, 461 and 479 and after affording an opportunity to the said encroachers the encroachment over Survey No. 168, 170 and 173 has been removed on 12.5.2018 and panchanama to that effect was prepared on 12.5.2018. It is further contended that in respect of Survey No. 461 area 0.63 hectare and Survey No. 479 Min 3 area 0.36 hectare there is plantation by the Gram Panchayat. As regard to Survey No. 169, it is stated that over area 4.88 hectare out of 7.32 hectare M/s Emerald Industries has been granted mining lease and mining activity has been done thereon and rest of the land is vacant. As regard to Survey No. 178 ad-measuring 0.04 hectare, Survey No. 458 ad-measuring 0.10 hectare, Survey No. 459 ad-measuring 0.05 hectare and Survey No. 460 ad-measuring 0.06 hectare the same are recorded as Government road and are free from encroachment. 5. As regard to Survey No. 178 ad-measuring 0.04 hectare, Survey No. 458 ad-measuring 0.10 hectare, Survey No. 459 ad-measuring 0.05 hectare and Survey No. 460 ad-measuring 0.06 hectare the same are recorded as Government road and are free from encroachment. 5. Another status report has been filed on 24.6.2018 wherein in respect of Survey No. 174 it was stated that the matter is sub judice in appeal before the Court of Sub Divisional Magistrate and therefore, the removal has been kept in abeyance. It is also submitted that M/s Emerald Industries has filed a civil suit in respect of said piece of land, wherein an application under Order 39 rules 1 and 2 of Code of Civil Procedure, 1908 has also filed. 6. Furthermore, as per status report dated 25.7.2018, it is stated that the Government land of 0.33 hectare the encroachment has been removed and fine of Rs. 1,32,000/- has been imposed upon the encroacher. It is urged that the encroacher has filed Civil Suit No. 389-A/2018 before the Court of 8th Civil Judge, Gwalior, wherein the injunction order was passed on 18.5.2018. As a result whereof the respondent/State are not able to remove the encroachment. However, it is urged that efforts are being made to contest the claim of the encroacher. 7. Taking into consideration the submissions brought on record by the status reports, we are of the considered opinion that since the encroachment over Government land in question has been removed and that the State is also contesting in respect of the claim in civil suit over certain piece of land which the petitioner alleges to be a Government land, we are inclined to dispose of the writ petition as the substantial steps have been taken by the State Government to free the Government land from encroachment. 8. Consequently, petition stands disposed of finally in the above terms.