Kamal Prasad Jharia vs State Of Madhya Pradesh And Others

Vishal Mishra, J

This petition is filed seeking the following reliefs :

(i) Issue a writ in the nature of mandamus directing the respondent no.6 not to demolish the house of the petitioner in case of proceeding u/S 248 MPLRC vide order dated 11.12.2025 against the petitioner without correcting the map.

(ii) Issue any other writ, order or direction as this Hon’ble Court deems fit.

The challenge made in this petition is to the impugned order dated 10.12.2025 passed by the Tehsildar Mandla as find mention in page 32 of the petition whereby the petitioner has been directed to remove the encroachment which has been made by him, failing which coercive action shall be taken against him.

The petitioner's counsel has pointed out that the petitioner has already submitted a detailed reply on 10.12.2025 to the notice issued to him. He has drawn attention of this Court to the eviction notice dated 10.12.2025 wherein it is mentioned that in view of the order dated 11.12.2025, the proceedings have been initiated against the petitioner. The fact remains that the order passed by the authorities under Section 248 of the M.P. Land Revenue Code is dated 11.12.2025 then how the eviction notice can be issued on 10.12.2025.

Counsel appearing for the State was directed to explain the same. After going through the records, he fairly submits that if the order is dated 11. 12.2025 pertaining to the proceedings under Section 248 of MPLRC, the eviction notice cannot be issued on 10.12.2025. He submits that the impugned order may be quashed and the matter may be relegated back to the authorities for reconsideration of the case of the petitioner. The authorities will consider the reply submitted by the petitioner and after going through the documents filed along with the reply, fresh order will be passed and till then there will be no demolition of the property of the petitioner.

Under these circumstances, the petition is disposed of with a direction to the respondent No.6-Tehsildar Mandla District Mandla (M.P.) to reconsider the case of the petitioner after going through the documents filed along with the reply and after granting opportunity of personal hearing to the petitioner, pass a fresh order regarding eviction or declaring the petitioner to be an encroacher over the property in question. In view whereof, the impugned order is unsustainable. The same is hereby quashed. It is made clear that till the fresh order is passed by the authorities, there will be no demolition proceedings with respect to the property of the petitioner.

Needless to mention that this Court has not expressed any opinion on the merits of the case.

In above terms, the petition stands disposed of finally. No order as to costs.