LAWS(MPH)-2024-3-3

FIROJ KHAN Vs. STATE OF MADHYA PRADESH

Decided On March 08, 2024
FIROJ KHAN Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This writ appeal under Sec. 2 of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Ahdiniyam, 2005 has been filed against the orders dtd. 29/8/2023 and 4/3/2024 passed by the Learned Single Judge in W.P.No.17864/2022.

(2.) It is the case of the appellant that the learned Single Judge by order dtd. 29/8/2023 had directed for demarcation of Khasra No.2138/1 and 2139 through the revenue authorities through TSM machine.

(3.) The demarcation was done on 27/9/2023. However, no notice was given to the petitioner prior thereto. In the demarcation done on 23/9/2023, it was found that the petitioner has encroached upon the some part of Khasra No.2139 by constructing a shop. Accordingly, the learned Single Judge by order dtd. 4/3/2024 has held that seven encroachers have been identified and let all the encroachment be removed within seven days, if there is no legal impediment in the same.