Pradeep Kushwah 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:-

"7.1 That, the respondent No.1 to 4 may kindly be directed to remove encroachments on the public way of the Village Badokhari Tehsil Seonda District Datia in the interest of Justice.

7.2 That, the respondents authorities may kindly be further directed to initiate proceedings of civil jail to the respondent No.5 to 9 for the compliance of order dated 03.01.2025.

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

Learned counsel for the petitioner submits that it is the case of the petitioner that being a resident of Village Badokhari, he, along with other villagers, raised grievances before the concerned authorities regarding illegal encroachment over a public way bearing Survey No. 365, admeasuring 0.02 hectare. Multiple complaints were submitted to the competent authorities, including the Gram Panchayat and higher administrative offices. Acting upon such complaints, the respondent No.4 initiated proceedings against private respondents under Section 248 of the Madhya Pradesh Land Revenue Code and registered several cases. After following due process, including issuance of notices and obtaining demarcation reports, the authority passed a detailed order dated 03.01.2025 directing removal of encroachments. However, despite passing of the said order, the encroachments have not been removed by respondent Nos.5 to 9. The petitioner thereafter continued to pursue the matter through various representations and applications, including complaints submitted through Jansunwai and communications addressed to higher authorities. It has also been brought on record that notice under sub-section (2-A) of Section 248 of M.P. Land Revenue Code, 1959 has been issued to one of the encroachers, calling upon him to show cause as to why coercive action, including civil imprisonment, be not taken for non-compliance.

Learned counsel for the State has submitted that proceedings have already been initiated and the competent authority is in seisin of the matter, and appropriate steps shall be taken in accordance with law for enforcement of the order dated 03.01.2025.

Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that once an order has already been passed by the competent authority directing removal of encroachment, the same is required to be executed in its true letter and spirit. Mere passing of an order would not suffice unless it is effectively implemented. At the same time, it is also evident that the statutory authority has already initiated further proceedings for compliance, including issuance of notice under Section 248(2-A) of M.P Land Revenue Code, 1959.

In view of the aforesaid, without expressing any opinion on the merits of the case, this petition is disposed of with a direction to the Sub Divisional Office (Revenue), Tehsil Seonda District Datia/respondent No.3 to proceed in accordance with law and take logical and expeditious steps for enforcement of the order dated 03.01.2025, if not already complied with. The respondent No.3 shall ensure that the proceedings initiated under Section 248 (2-A) of the M.P Land Revenue Code, 1959 are taken to their logical conclusion within a period of four weeks from the date of receipt of certified copy of this order, strictly in accordance with law.

It is further observed that in case the private respondents fail to comply with the directions issued vide order dated 03.01.2025, the respondent No.3 shall be at liberty to take coercive measures as permissible under law, including action contemplated under sub-section (2-A) of Section 248 of the M.P Land Revenue Code, 1959.

With the aforesaid directions, the present writ petition stands disposed of.