JAIWANT SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD on the question of admission. The petitioner has filed this writ petition under Article 226 of the Constitution of India for issuing appropriate direction in the nature of Mandamus directing the authorities of respondent nos. 2 to 5 not to permit the respondent no. 6 to raise further construction of the school building in front of his allotted mine. In alternate direction against respondent no. 6 is sought not to make any construction of the school building on the disputed place in front of his mine. Besides this prayer for appropriate direction to respondent no. 3 to decide the pending revenue case bearing no. unregistered -B/125/1.12 on some earlier date is also made.

(2.) AFTER perusing the petition as well as papers available on record, I have found that the aforesaid revenue case was registered at the instant of some business firm against one Shyam Singh who is a Sarpanch of such village. It also appears from the order sheet of such case, Annexure P -5 that the same has been filed to stop the construction of the school stating that same is being carried out by the Sarpanch in the prohibited area of mining.

(3.) I am of the considered view that if any construction is carried out by any local authority under its authority, then the same could be stayed after holding the requisite proceeding of the case in accordance with law and not prior to that. It is also apparent from the Annexure P -5 that the notices of such revenue case has been issued to the Sarpanch in a very quick manner even without registering the case, the reasons best known to parties interested and the Tahsildar. It is apparent that in such revenue case the present petitioner is not a party has come to this court with a prayer for appropriate direction of early disposal of such case.