Nitesh Baghel vs State Of Madhya Pradesh

Vivek Jain, J

By way of this petition challenge is made to order Annexure P-4 dated 19.06.2025 and Annexure P-5 dated 23.09.2025 passed by the Tahsildar in original proceedings under Section 248 MPLRC and by the SDO in appellate proceedings. The authorities have ordered eviction of the petitioner, who has allegedly constructed one shop in survey No.198, which is Government land.

It is contended by counsel for the petitioner that actually the petitioner is not occupying government land in survey No.198, but is occupying land in survey No.190, which is a land set apart for "Abadi" and occupation in Abadi land could not be said to be an encroachment.

From a perusal of the proceedings of the Tahsildar placed on record as Annexure P-3, it appears to this Court that initially there was some report of encroachment and the petitioner was called upon to submit reply, which he submitted on 28.03.2025. However, thereafter a fresh report was called by the Tahsildar and this fresh report was received on 19.06.2025 and the Tahsildar on the same date after receipt of the report closed the case for orders and passed the order on the same date.

It appears that after receipt of the fresh report of Patwari, no opportunity was given to the petitioner to counter the said report and on the same date of receipt of the said report, the final order was passed.

In view of the aforesaid, this Court is of the considered opinion that the Tahsildar has in some manner short-circuited the proceedings by not giving proper opportunity to the petitioner.

Consequently, the orders dated 19.06.2025 and 23.09.2025 are set aside. The matter is remanded back to the Tahsildar to pass a fresh order after granting fresh proper opportunity of hearing to the petitioner on the fresh encroachment report received by him on 19.06.2025, in accordance with law.

With the aforesaid direction, the petition stands allowed.