RAJKUMARI GOUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Advocates are abstaining from Court work today.

(2.) This petition is collectively filed by 9 petitioners, who are aggrieved by the notice issued by the respondent No.4 directing them to remove the encroachment from the Government land. This notice has been issued by the respondent - Deputy Collector, Balaghat pursuant to an order passed by the coordinate Bench of this Court in the case of Anand Tamrakar Vs. State of M.P. and Others in W.P. No.12765/2016 wherein vide order dtd. 9/8/2016 the petition was disposed of with a direction to the Collector, District Balaghat to consider and decide the representation of the petitioner -Anand Tamrakar within a period of three months.

(3.) From the perusal of this order, it seems that the petitioner therein filed the petition claiming the writ of mandamus directing the respondents to remove the encroachment over the land of main canal of Waraseoni, District Balaghat and for that purpose he had submitted a representation to the Collector, District Balaghat, but the same was not considered. Under such circumstances, W.P. No.12765/2016 came to be filed. It is also evident from the order passed in the said writ petition that the Court has not expressed any opinion on the merits of the case.