NIHAL CHAND Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD finally with the consent of the learned counsel for the parties.

(2.) THIS appeal has been preferred under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 having being aggrieved by an order dated 7/9/06 passed by the writ court in Writ Petition No.2286/02 (Veer Chand & another Vs. State of M.P. & others). By the aforesaid order, the writ court disposed of the petition with the following directions: -

(3.) IT is contended that the writ court while passing the order impugned has not given consideration to the report of the Nazul Department that the constructions were raised on the land which since has been in continuous possession of the appellant and there has been no encroachment made.