MANSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant petition is preferred under Article 226 of the Constitution by the petitioner seeking relief in the form of direction to take action upon the application preferred by the petitioner purportedly under Sec. 32 of Madhya Pradesh Land Revenue Code 1959 (hereinafter referred as "Code-1959") whereby Collector District Bhind has not exercised the inherent powers to ensure the Cause of Justice.

(2.) Precisely stated facts of the case are that petitioner is owner of the land bearing Survey No.1287 ad-measuring 0.10 hectare, Survey No.1300/2 admeasuring 0.06 hectare, Survey No.1301/2 ad-measuring 0.01 hectare, Survey No.1302 ad-measuring 0.15 hectare and Survey No.1304 ad-measuring 0.17 hectare in village Nunhad, Tehsil Gormi, District Bhind. Since, land belonging to petitioner was encroached upon by some miscreants therefore, an application under Sec. 250 of Code-1959 was preferred by the petitioner before Tehsildar, Tehsil Gormi, District Bhind and after due procedure, order dtd. 1/9/2022 was passed and it was found that Dilip Singh S/o Late Shri Jagannath Lodhi, Ahiwaran Singh S/o Late Shri Jagannath Lodhi, Mukesh S/o Shri Dilip Singh, Virendra S/o Shri Feran Singh, Bunti Singh S/o Shri Virendra Singh, Brijesh Singh, S/o Shri Virendra Singh R/o Village Nunhad Tehsil Gormi, Bhind were encroachers over the land in question. Therefore, after due inquiry, they were directed to be removed from the encroached land.

(3.) Predicament of petitioner starts here because after order being passed, its enforcement became difficult. Tehsildar and other authorities tried to give possession to the petitioner but to no avail. Petitioner moved an application before the Tehsildar for enforcement of decree but when did not get any result then he moved an application before the Collector under Sec. 32 of the Code 1959. Said application has been filed on 11/4/2023 and since then it is pending consideration. Therefore, petitioner is before this Court.