JAY PUSHPAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission and interim relief. By filing this petition under Article 226 of the Constitution of India, the petitioners have challenged the notice dtd. 10/05/2023(Annexure-P/1) issued by the respondent No.3 in Case No.423/Revenue/2023-24 whereby the he has directed the petitioners to remove the encroachment from both pattas situated at Survey No.170/1 within 24 hours, failing which the respondent No.3 would carry out demolition of the encroachment done by the petitioners and the costs of demolition shall be recovered from the petitioners.

(2.) Learned counsel for the petitioners submitted that the Sub-Divisional Officer has cancelled the lease awarded to the petitioners in an arbitrary manner vide order dtd. 26/09/2022, which is the subject-matter of the revision preferred by the petitioners under Sec. 50 of the M.P. Land Revenue Code, 1959 before the Collector, District Rajgarh. He further contended that the stay application is also pending in the revision application before the Collector, which has not been decided. Instead of deciding the revision petition, the impugned notice has been issued to remove the encroachment. Since the petitioners had no other efficacious alternative remedy, therefore, they approached this Court seeking grant of interim relief. On the other hand, learned Govt. Advocate for the State opposed the prayer and submitted that the petitioners ought to have pressed the application for stay pending before the Collector before approaching this Court. Therefore, this writ petition is liable to be dismissed being bereft of merit and substance.

(3.) In view of the aforesaid facts and circumstances of the case also looking to the fact that the application for stay is still pending before the respondent No.2/Collector, Rajgarh, this petition is disposed of without entering into the merits of the case, with a direction to the respondent No.2 to decide the stay application as expeditiously as possible, preferably within a period of 30 days from today and pass a reasoned and speaking order and communicate the same to the petitioners. Till the stay application is decided, no coercive action be taken against the petitioners in the light of the impugned notice dtd. 10/05/2023(Annexure-P/1). With the aforesaid, the petition stands disposed of. Certified copy, today itself.