MUNIRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India being aggrieved by an order dtd. 13/12/2022 (Annexure P/11) passed in Case No.0005/A-68 of 2022-23 by the Tehsildar, Tehsil Thandla, District Jhabua (M.P.) under Sec. 248 of the Madhya Pradesh Land Revenue Code, 1959 (herein after referred to as the Code) whereby the petitioner has been directed to remove the encroachment on Government land and also imposed a fine amount of Rs.15,000.00 (rupees fifteen thousand only) as well as the order dtd. 8/2/2023 (Annexure P/13) passed in Revenue Case No.0020/Appeal/2019-20 passed by the Sub Divisional Officer (Revenue), Khachrod, District Ujjain (M.P.) affirming the order dtd. 13/12/2022 passed by the Tehsildar.

(2.) The facts of the case, in short, are, as under: -

(3.) The Tehsildar, Thandla, District Jhabua (M.P.) treated this paver block work and pipelines as an encroachment and construction (over an area of 35 X 120 ft.) on the land in question as pakka construction, hence initiated proceedings under Sec. 248 of the Code against the petitioner and issued a show cause notice to the petitioner. The petitioner submitted a reply and thereafter, an order dtd. 13/12/2022 was passed directing the petitioner to remove paver blocks and a pipe line and also imposed a penalty of Rs.15,000.00(rupees fifteen thousand only). The petitioner preferred an appeal before the Sub Divisional Officer but failed in it. The Sub Divisional Officer vide order dtd. 8/2/2023 has affirmed the order of the Tehsildar. Hence this Writ Petition.