MANOJ KUMAR KANSAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been filed by the petitioners, being aggrieved by the proceedings initiated against them under Sec. 248 of the Madhya Pradesh Land Revenue Code, 1959, alleging that they are in unauthorized occupation of Government land.

(2.) Learned counsel for the petitioners submits that the petitioners were granted a licence to occupy the land vide Annexure P/3 dtd. 8/8/1985. It is further contended that the Patwari has erroneously submitted a report, on the basis of which the Tehsildar has initiated proceedings without verifying the official records and by blindly relying upon the Patwari's report, pursuant to which a notice has been issued to the petitioners.

(3.) Per contra, learned counsel for the State has vehemently objected, submitting that the petitioners have merely been served with a notice and no final order has been passed. It is contended that the petitioners can appear before the competent authority and place on record all documents in their possession.