GOPAL DHEEMER Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India has been filed seeking the following reliefs:-

(2.) It is submitted by the counsel for the petitioner that he is in possession of agricultural land bearing survey No.432 area 2.39 hectares as an encroacher. The petitioner had also filed a civil suit for declaration of title and permanent injunction. The said suit was dismissed by the Additional Civil Judge, Class-I Kolaras to the Court of Civil Judge Class-I, Kolaras, District Shivpuri by judgment and decree dated 30.1.2014 passed in Civil Suit No.24-A/2013. Being aggrieved by the judgment and decree dated 30.1.2014, the petitioner had filed a regular Civil Appeal which has been decreed by judgment dated 30.9.2014 passed by Third Additional District Judge, Shivpuri in RCA No.3A/2014 by which the respondents have been restrained from dispossessing the petitioner except in accordance with due procedure of law. The petitioner later on came to know that the land in possession is likely to be allotted for some Government activity, therefore, he filed an application under Sec. 162 of M.P. Land Revenue Code for settlement of the same but since that was not done and the application was kept pending therefore, the petitioner had filed a Writ Petition No.3004/2017 which was disposed of by this Court by order dated 12.5.2017 and it was observed as under:-

(3.) Accordingly, the Collector has now decided the application filed by the petitioner under Sec. 162 of Land Revenue Code by order dated 9.10.2018 passed in Case No. 0018/B-121/2017-18 and has held that the land in dispute is required for establishment of Government offices. It is also mentioned in the said order that the petitioner has also been dispossessed and at present he is not in possession of any piece of land.