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2023 DIGILAW 407 (MP)

Rajkumari Gour v. State of Madhya Pradesh

2023-03-24

NANDITA DUBEY

body2023
ORDER 1. Advocates are abstaining from Court work today. 2. This petition is collectively filed by 9 petitioners, who are aggrieved by the notice issued by the respondent No.4 directing them to remove the encroachment from the Government land. This notice has been issued by the respondent - Deputy Collector, Balaghat pursuant to an order passed by the coordinate Bench of this Court in the case of Anand Tamrakar v. State of M.P. and Others in W.P. No.12765/2016 wherein vide order dated 9.8.2016 the petition was disposed of with a direction to the Collector, District Balaghat to consider and decide the representation of the petitioner - Anand Tamrakar within a period of three months. 3. From the perusal of this order, it seems that the petitioner therein filed the petition claiming the writ of mandamus directing the respondents to remove the encroachment over the land of main canal of Waraseoni, District Balaghat and for that purpose he had submitted a representation to the Collector, District Balaghat, but the same was not considered. Under such circumstances, W.P. No.12765/2016 came to be filed. It is also evident from the order passed in the said writ petition that the Court has not expressed any opinion on the merits of the case. 4. Petitioner Nos. 6, 7 and 8 namely, Shabir, Rahul and Rajkumar Chitriv respectively, are present in person in the Court. 5. The contention of the petitioners is that they have purchased the said land since earlier and in possession of the same. It is stated that it is nowhere mentioned that their land is acquired for the purpose of canal as alleged in the Writ Petition No.12765/2016, nor have they encroached any of the Government land. It is pointed out that the petitioners' name have been recorded in the revenue records and they have been paying the requisite tax to the Municipal Council, Waraseoni, District Balaghat. The receipts to that effect are also annexed to the petition. 6. On perusal of W.P. No.12675/2016, it is evident that the present petitioners were not the party to that writ petition nor they had any information about the same. Now, on the basis of the order passed in the said writ petition, they have been asked to vacate the land taking them as encroachers without giving them any opportunity of hearing. On perusal of W.P. No.12675/2016, it is evident that the present petitioners were not the party to that writ petition nor they had any information about the same. Now, on the basis of the order passed in the said writ petition, they have been asked to vacate the land taking them as encroachers without giving them any opportunity of hearing. Though, from the documents on record, it appears that earlier on 16.12.2016 notices were issued to these petitioners, however, they denied for receiving such notices or any information regarding that. 7. Considering all the documents on record and the notices filed by the petitioners on record, this petition is disposed of with a direction to the petitioners to file individual detailed representation along with all their supporting documents showing their ownership to the land as claimed before the respondent No.2 - Collector, District Balaghat within a period of ten days from today and in turn the respondent No.2 - Collector, District Balaghat shall decide the said representations after giving a fair opportunity of hearing to the petitioners and pass a reasoned order, in accordance with law within a period 30 days from the date of receipt of the representations as well as the certified copy of the order passed today. 8. Till the representations of the petitioners is decided by the respondent No.2 - Collector, District Balaghat, further proceedings pursuant to the impugned notice of removal of alleged encroachment shall remain stayed and no coercive action be taken against the petitioners. 9. It is made cleat that this Court has not expressed any opinion on the merits of the case. Certified copy today.