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2020 DIGILAW 640 (MP)

Mukesh Yadav v. State of M. P.

2020-05-28

RAJEEV KUMAR SHRIVASTAVA, SHEEL NAGU

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ORDER 1. The public cause alleged to be raised by the petitioners is that the certain revenue record of a certain period from Collectorate, Datia is missing and the revenue authority especially Tahisildar, Datia by passing Anneuxre P/1 has directed to treat the land qua the said missing record as government land/forest land without any corroborative documentary proof in that regard available in the Collectorate. 2. After hearing learned counsel for the rival parties, this Court is of the considered view that the cause raised herein cannot be entertained as a public cause. 3. Pertinently, an order has been passed by Tahsildar, Datia vide Annexure P/1 which can very well be assailed by those who are aggrieved by the same. 4. It also came to be known during the course of argument that certain aggrieved party has filed an appeal against Annexure P/1 which appears to be pending adjudication. Be that as it may, it is trite principle of law that PIL cannot be entertained in regard to subject matter for which statute makes available remedy. 5. The MPLR Code, 1959 provides for remedy of appeal/revision/review and even inherent powers of the appropriate revenue Court which can very well be availed by the persons who are aggrieved by the order Annexure P/1. 6. In case the question of title crops up, the aggrieved persons can very well approach the Competent Court of Civil Jurisdiction in accordance with law. 7. As regards the grievance of certain revenue record having been lost/destroyed from Collectorate, Datia is concerned, this Court has no manner of doubt that Collector, Datia has taken all possible measures to reconstitute the record or take recourse to the remedies provided under the MPLR Code, for which this Court does not deem it appropriate to pass any order. 8. In view of above and with the liberty extended above, this Court declines interference and dismisses this PIL. Accordingly, present PIL stands dismissed.