ATUL KANERIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner by invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, inter alia, has claimed for the following reliefs:-

(2.) Briefly stated, as narrated in the petition, the facts of the case are that the petitioner is a resident of Gram Panchayat Rahatgaon, Tehsil Rahatgaon District - Harda and is running a shop for last 10 - 12 years. The petitioner successfully applied for allotment of land for running a shop (Gumti) on 8.6.2019 which is situated at Bus stand Chowk in side of East Kali Temple at Rahatgaon, District - Harda. On 20.3.2020 the Gram Panchayat Rahatgaon, Block Timarni, District Harda issued a notice to the petitioner for removal of the Gumti alleging it to be an encroachment on the Government land. On receiving the said notice, the petitioner replied to the Sarpanch/Secretary, Gram Panchayat Rahatgaon, informing that the petitioner has not made any encroachment on the Government road, but is authentically working at such place/area and had paid bill for many times for its usage. The petitioner requested to supply the entire record of the disputed land by moving an application under the Right to Information Act , 2005, but no information was provided to the petitioner. Thereafter the petitioner filed an appeal before the Chief Commissioner for Information, Bhopal, who in turn, vide order dated 6.9.2018 directed the Public Information Officer, Secretary and the appellate Authority to provide all the relevant documents and evidence to the petitioner.

(3.) The petitioner approached the Respondent No.2/Collector for allotment of the area in question for business by running Gumti shops and the Collector directed the concerned Authority to enquire about the matter and give the entire report of the land in question. On the request of the petitioner, the Collector directed the Sarpanch and Secretary of the Gram Panchayat to give the entire report and order sheet with parawise reply of all the issues made against the Gram Panchayat by the petitioner. In the said report (Annexure P-9) the Sarpanch and Secretary found that the petitioner has made encroachment on the land in question which is a Government Land. Feeling aggrieved by the said enquiry/report the petitioner has approached this Court by filing the present writ petition.