Suresh Menon vs The State of Madhya Pradesh

U.C. Maheshwari, J.—He is heard on the question of admission. Petitioner, the resident of the locality of Shastri Nagar, Bhopal has filed this petition under Article 226 of the Constitution of India for issuing appropriate writ for the following reliefs:-

(a) Issue a writ or direction in the nature of mandamus directing the respondent No. 2 to take action in furtherance of his order Annex. P/2 and thus initiate proceeding u/s 248 of the M.P. Land Revenue Code against the said encroacher, namely Ramsingh Kushwaha.

(b) Any other relief which the Hon''ble Court may deem fit in the facts and circumstances of the petition.

Petitioner''s counsel after taking me through the papers placed on the record along with the averments of the petition said that one Ram Singh Kushwaha, the husband of Sarpanch of village Berkedhi Vajyapt, Tehsil Huzur, has encroached some government land described in the petition, on which, the present petition accompanied with some other villagers made a complaint to the Collector (Annex. 1-A to 1-C), on which some direction was given by the Collector to the Tehsildar. Pursuant to it, the Tehsildar, registered the case against the aforesaid husband of the village Sarpanch u/s 248 of the M.P. Land Revenue Code (in short ''the Code'') but inspite registration of the case long before and also after passing the order to remove such encroachment, the same is not being implemented by the Tehsildar through the State agency and, in such a situation, the petitioner has come to this court for appropriate direction to the Tehsildar to implement the aforesaid order passed against the aforesaid husband of the village Sarpanch u/s 248 of the Code and prayed to pass appropriate direction to the Tehsildar to implement the order by admitting and allowing this petition.

Having heard the counsel, keeping in view the arguments advanced, this petition could not be entertained and decided on merits on the following grounds:-

(a) After filing the complaint before the Collector the duty of the petitioner and other villagers was over and thereafter the authorities of the Tehsildar or the Collector, as the case may be, has to proceed against the encroacher and as per language of section 248 of the Code any private person like the petitioner, has no authority to make the submission before this court under Article 226 of the Constitution of India to the Tehsildar to implement any order passed by it. As such, in view of such provision, the petitioner has no locus standi to file this petition. If the petitioner wants to file any petition for the relief mentioned in the petition, in the welfare and benefit of the village and the State then except PIL petition, no petition could be entertained by this court and it is apparent that the impugned petition has not been filed as PIL petition. So, firstly on such count, this petition is not entertainable.

(b) The impugned petition has not been filed by impleading the concerning encroacher and in his absence no effective consideration could be carried out in the matter. So, in the lack of proper party also this petition is not entertainable.

(c) Even otherwise, the process of implementation of the order passed by any revenue authority is provided under the MPLRC and for giving proper direction to such machinery, the person like the petitioner may approach the superior revenue authority with appropriate proceedings. So, in such premises also this petition could not be entertained.

(d) Unless the petitioner make a request before the Tehsildar permitting him to join the proceedings of section 248 of the Code and the same is allowed, he has no authority or locus standi to file this petition.

(e) In view of the aforesaid reasons, I am not inclined to admit this petition. Consequently, the same deserves to be and is hereby dismissed at the stage of motion hearing.

However, it is observed that this order shall not come in the way of the petitioner if he files any PIL petition in accordance with the prescribed procedure and the rules or file any representation/application before the Tehsildar or the superior revenue authorities for appropriate direction to the Tehsildar. This order shall also not come in the way of the Tehsildar and the superior revenue authorities to consider such application/representation which is filed by the petitioner before such authorities. The petition is dismissed at the motion hearing stage with aforesaid observation.