JAI SINGH Vs. STATE OF M P

JUDGEMENT

(1.) IT is contended that I.A. No.10210/2014 is filed seeking amendment in the writ petition in terms of the order dated 14/03/2014, the same be placed on record. On due consideration I.A., stands allowed.

(2.) THE amendment be incorporated in writ petition during the course of the day.

(3.) IT is contended by learned counsel for the petitioner that in somewhat similar circumstances, this Court in the case of Gram Panchayat Sarasdoli Vs. the State of Madhya Pradesh and three others, W.P. No. 20412 of 2011 has disposed of the writ petition vide order dated 07/12/2011. It is contended that in terms of provision of Section 56 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, in case the Gram Panchayat finds that there are obstruction, hindrance or encroachment on the government land within the territory of the Gram Panchayat, a request can be made to the Tehsildar of the concerned Tehsil to take such steps as are necessary under the provisions of relevant law to remove such encroachment. However, despite making recommendation by the Gram Panchayat, no action has been initiated by the Tehsildar in that respect and therefore, the writ petition is required to be filed. The provision of Section 56 of the Act, reads thus: -