RAJENDRA SINGH KUSHWAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 13/4/2016 passed by the SDO (Revenue) Lashkar, District Gwalior in case No.10/2015-16/172 (4), order dated 16/4/2018 passed by the Collector, District Gwalior in case No.4/2017-18/Appeal, order dated 21/5/2019 passed by the Commissioner, Gwalior Division, Gwalior in case No.409/2017- 18/Appeal as well as the order dated 3/12/2019 passed by the Commissioner, Gwalior Division, Gwalior in case No.17/Review/19-20.

(2.) The necessary facts for disposal of the present petition in short are that a show-cause notice dated 21/12/2015 was issued to the petitioner on the ground that he is running a marriage garden on survey nos.222, 223, 224, total area 0.209 hectares without getting the land diverted as well as without taking permissions and thus, the petitioner was called upon to show-cause under Section 172 (1) of M.P. Land Revenue Code (in short "the Code") as to why the proceedings under Section 172 (4) of the Code be not initiated against him. The petitioner filed his reply. Paragraphs 6 and 9 of the reply submitted by the petitioner reads as under:-

(3.) The statements of the witnesses including that of the petitioner were recorded. The statement made by the petitioner is reproduced as under:-