Ram Kumar Shrivastava vs State of M.P. & others

According to the case of the petitioners, the petitioners are

tribals from the marginal and economically and socially

backward sections of the society. Learned counsel for the

petitioners has drawn the attention of this Court to Annexure P/3

which is from Page 22 to Page 38 of the petition. The said

annexure is a compilation of orders dated 23.05.2017 which

has been passed by the Court of Nayab Tehsildar thereby

directing the petitioners to remove the encroachment put up by

them by 03.06.2017 failing which the State shall destroy the

hutments of the petitioners. Learned counsel for the petitioners

also submits that the said order, though dated 23.05.2017 has been received by the petitioners only on 31.05.2017 and the said

averment has been supported by an affidavit filed along with

the petition.

Upon going through the said orders, it is apparent that

the order has straightaway asked the petitioners herein to

remove their construction on or before 03.06.2017. The said

order does not mention any prior notice been given by the

State to the petitioners asking them to perform as

aforementioned failing which action shall be taken by the

State.

Per contra learned counsel for the State, drawing

attention to the same documents in which it is written that

"VERNACULAR MATTER OMITTED"

submits that the petitioners were actually informed by the agents of the State with regard to

their illegality and also intimated by showing them the

constructions which were said to be encroachments on the

government land. Learned counsel for the State also

submitted that the petitioners herein have not given any proof

of the fact that they are legitimate occupants of the said land and under the circumstances, it is clear that the said land

belongs to the State Government.

Per contra, learned counsel for the petitioners has drawn

the attention of this Court to Annexure P/1, which is a

representation made by the petitioners herein to the Collector,

District Rewa in the year 2015. In the said representation, it

was admitted by the petitioners herein that they are in

occupation of the said land since three years before itself

which would date from the year 2012. Thereafter, Annexure

P/2 is a similar representation which was made to the

Commissioner, Rewa Division to the same effect. In all,

learned counsel for the petitioners stated that 200 persons

who are tribals, illiterate and economically impoverished are

going to be affected if the order dated 23.05.2017 is given

effect.

Learned counsel for the State has also submitted that as

the said representation to the Collector was made way back in

the year 2015, similar representations may once again be

repeated before the authorities which may be considered by

them.

Under the circumstances, this Court disposes of this

petition with a request to the respondent No. 2 to pass orders

on the representations made by the petitioners herein. While passing the said orders, the authority will strictly abide by the

law of the land and also bear in mind the economic and social

stature of the petitioners while passing such an order. It is

made absolutely clear that by observing thus, this Court is not

making or even indicating remotely the manner in which such

order is to be passed and that is left purely to the discretion of

the respondent No.2 which this Court believes will pass

orders strictly in accordance with law within 30 days from the

date of receipt of such representations.

A copy of this order shall be produced and placed before

the respondent No. 2 along with the representations. A copy

of this order may also be given to the learned Counsel for the

State.

Till such representations are decided, no coercive action

shall be taken by respondent No. 2 against the petitioners

herein.

Accordingly, the petition stands disposed.