DHANNALAL Vs. STATE OF M. P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been preferred by the petitioners, being aggrieved by the notice dtd. 12/11/2024 (Annexure P/1) issued by respondent No.5, the Revenue Inspector, Circle-03, Tehsil Sanwer, District Indore intimating them to be present at the spot at the time of fixing the boundary marks for broadening of the Government road going through survey No.354/3/2, 354/2/2 area 0.203 hectare.

(2.) As per the petitioners, petitioner No.1, Dhannalal and Bhagirath, father of petitioners No.2 to 4 were allotted patta on 30/12/2002 of survey No.354/2, Village Muradpura, Tehsil Sanwer, District Indore measuring 1.000 hectare under the provisions of M.P. Land Revenue Code, 1959 in Bhumiswami rights. They were in possession of the land ever since then. Upon death of Bhagirath, petitioners No.2 to 4 have been in possession. By the impugned notice dtd. 12/11/2024, the petitioners have been intimated by respondent No.5 that respondent No.6 has been granted permission to build a 9 metre wide and 218.72 metre long road to their township passing through land bearing survey No.354/3/2, 354/2/2 and that they should remain present on 15/11/2024 for the purpose of fixing of the boundary marks.

(3.) As per the petitioners, in the garb of the proceedings, their crops are being destroyed by the respondents and their land is being encroached upon. The permission to build the road was granted by the Additional Collector, District Indore, respondent No.2 by order dtd. 18/10/2024. However, the petitioners were never served any notice of the proceedings. They have not even been provided copy of the order. By way of the impugned proceedings, the respondents are interfering with their peaceful possession over their land in an illegal manner and in violation of their fundamental rights. The impugned communication hence deserves to be quashed.