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Madhya Pradesh High Court · body

2025 DIGILAW 109 (MP)

Makhan Dhakar v. State of M. P.

2025-02-13

ANAND PATHAK, HIRDESH

body2025
ORDER Per: Justice Anand Pathak 1. The present petition is preferred by the petitioner under Article 226 of the Constitution in the nature of Public Interest Litigation seeking following reliefs:- 1. That, the respondent No. 2 and 3, may kindly be directed to| immediately dispossess the illegal encroacher from the government land bearing survey No. 1589, 1590, 1605/01/01 in Gram Toda, Tehsil Bairad, District Shivpuri and further be directed to restore the land in dispute, to its original form. 2. That, the respondent No. 2 and 3, may further be directed to demolish the illegal/unauthorized construction built by the encroacher on the land in dispute and further be directed to recover the expenditure incurred in doing so from the encroacher. 3. That, the respondent. No. 3 may be directed to submit the| dispossession report to the office of the respondent No. 2, after the action is taken against the said encroachers 4. That, any other relief which this Hon’ble Court may deem fit may also be granted to the petitioner. 2. It is the submission of counsel for the petitioner that present petitioner is a Social Activist and District President of Rastriya Bhrastachar Unmoolan Samiti and is involved in public interest activities for stemming the growth of corruption in public life. 3. The grievance of the petitioner is that one piece of government land as referred in the petition is encroached upon by some private persons and they have made construction over it. Once this fact was brought to the notice of Revenue Authorities including the Collector District Shivpuri then although matter was taken care of but in a limited way whereby only fine Rs.50,000/- was imposed over those encroachers but the land has not been taken back by the Revenue Authorities therefore, it appears that by imposing penalty Rs.50,000/-, illegal possession of those encroachers have been legitimatized. Therefore, this petition is preferred. 4. Learned counsel for the respondents/State opposed the prayer. According to him, petitioner may approach the Revenue Authorities as per law for redressal of his grievance. 5. Considering the rival submissions and the fact that specific allegation has been raised by the counsel for the petitioner therefore, instead of issuing the notice, petition is disposed of with a direction to the petitioner to appear before the Collector District Shivpuri along with certified copy of this order and copy of petition and all other necessary documents. 5. Considering the rival submissions and the fact that specific allegation has been raised by the counsel for the petitioner therefore, instead of issuing the notice, petition is disposed of with a direction to the petitioner to appear before the Collector District Shivpuri along with certified copy of this order and copy of petition and all other necessary documents. The Collector shall look into the matter and issue appropriate directions to the Revenue Authorities for proceeding in accordance with law. If encroachment over Government Land is found to be existed then suitable action shall be ensured against the miscreants and if complaint of petitioner found to be frivolous/false then suitable pecuniary cost be imposed over him so as to avoid filing of such frivolous/false complaints. 6. Petition is disposed of accordingly.