Mamta Baghel vs State Of Madhya Pradesh And Others

Milind Ramesh Phadke, J

This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking following reliefs:-

"i. That the respondents may kindly be directed to finalized the proceeding under section 248 of MPLRC.

ii. That cost of the litigation be also awarded to petitioner. Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case same may kindly be granted to the petitioner.

Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted."

Having considered the submissions and upon perusal of the record, this Court finds that the Sub-Divisional Magistrate (SDM), Sub-Dvision, Seondha/competent authority, after recording a finding that the land bearing Survey No. 448, ad-measuring 0.14 hectare, situated at Village Jonia, Tehsil Indergarh, is Government land recorded as a public way, directed initiation of proceedings under Section 248 of the Madhya Pradesh Land Revenue Code, 1959. Once such direction has been issued, it is incumbent upon the concerned authority to proceed in accordance with law and conclude the proceedings within a reasonable time.

Accordingly, without expressing any opinion on the merits of the case, this petition is disposed of with a direction to Respondent No.3/Naib Tehsildar, Circle Kudari, Tehsil Indergarh to ensure due compliance of the order dated 20.01.2025 and to initiate and conclude proceedings under Section 248 of the Madhya Pradesh Land Revenue Code, 1959, strictly in accordance with law, after affording opportunity of hearing to all concerned parties, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a certified copy of this order.

With the aforesaid direction, the writ petition stands disposed of.