MAHAVEER SINGH PARMAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition is filed by petitioner as a Public Interest Litigation under Article 226/227 of the Constitution of India for removal of encroachment by respondent No. 5 and correcting Khasra entries made against Survey numbers 68, 74, 75, 76, 89 and 90 situated in Morena. It is alleged that the land is owned by Government and is recorded in the name of Ahatmam Mahakama Talim Middle School, Morena. Khasra entries for the Samvat years 2015 to 2018 are annexed with the petition and is marked as Annexure P-1.

(2.) OUT of the aforesaid land bearing Survey numbers 67 and 68 is bifurcated in two parts and three bighas of each of the khasras is recorded in the name of Ahatmam Mahakama Talim Middle School Morena in Samvat year 2025 to 2039 and one bigha and eight biswas is recorded in the name of Gurjar Samaj Sudhar, Zila Morena. According to the petitioner this entry is illegal and incorporated in revenue record without following due procedure laid down by law. It is also alleged that Gurjar Samaj Society, which is joined as respondent No. 5 in the petition, has encroached upon the said land without any authority of law. Hence, present petition is filed for striking out the name of Gurjar Samaj Sudhar Society from the khasra entries and for removal of their encroachment on the said land.

(3.) THIS Court at the time of final hearing has also directed the respondents No. 1 to 4 to keep their record about the said land present in the Court. Said record was produced before this Court at the time of hearing.