Chatur Singh vs State of M.P.

They are heard. By this petition under Article 226 of the Constitution of India, the petitioner has sought the following reliefs:

A direction may kindly be given to the respondents 1 to 5 to take concrete and correct steps to protect the government as well as the public valuable land from the Bhumafias;

A further direction may be given to the respondents 1 to 5 to hold the enquiry against the conduct of all the persons those who are involved in the illegal works and supported to the respondents 6 to 8 to grape the public/government valuable land those government officials who are involved in the illegal work they should be punished.

A further direction may be given to the respondents 1 to 5 to not allow anyone to grape the public property and the public should not be restricted to use the above land for their functions and facilities which was available to them earlier in the interest of public at large.

A further direction may be given to respondents 1 to 5 that those revenue officers or employees who are involved in the illegal work of manipulating the revenue documents to endorsed the name of respondent No. 6 and his father in the revenue papers should be punished.

The respondent No. 3 to 5 may be directed to cancel the NOC/permission/approval of the documents those relate to the above land in the interest of public at large.

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.

The contention of the learned counsel for the petitioner is that although Civil Suit which was filed by respondents No. 6 to 8 has been decreed by the appellate court but the decree is against the public interest and therefore, since the State of Madhya Pradesh and its functionaries as well as Municipal authorities are not taking any action, the petitioner has come forward for the purpose of public cause, therefore, the reliefs as prayed for be allowed to the petitioner.

Considered the submissions.

It is gathered that Mohd. Younis alias Kallan Khan/respondent No. 8 in this petition, filed a Civil Suit bearing No. 123-A/2004 arraying different defendants including the State of Madhya Pradesh as defendant No. 3. The Civil Suit was contested and ultimately was dismissed after full trial by VI Civil Judge Class-II, Gwalior (M.P.) on 22.12.2006. However, the learned Trial Court while deciding Issue No. 2 held that the suit land is a government land. The plaintiff/Mohd. Younis who has been arrayed as respondent No. 8 in this petition filed Civil Appeal bearing No. 8A/07 as well as some of the defendants also filed another Civil Appeal bearing No. 9A/07. The learned XII Additional District Judge [Fast Track Court] Gwalior decided both the appeals by rendering common judgment on 07.08.2007 and it was held that property in question is not of government. The suit of the plaintiff and the counter claim was also decreed as mentioned in para 50 in terms of the judgment of the first appellate court.

Accordingly to us, the State of Madhya Pradesh was arrayed as defendant No. 3 in the Civil Suit and therefore the State Government is free to assail the judgment and decree of the first appellate court. No relief can be granted in this Public Interest Litigation. This petition is accordingly dismissed summarily.