BHAGWANDAS SHAH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This writ appeal has been filed by the appellant under the provisions of Section 2(1) of the Madhya Pradesh Uchcha Nayayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, against the order passed by the learned Single Judge in W.P. No. 13028/2016, whereby the petition filed by the petitioner, praying for a direction to the respondent/authority to consider the recommendation for denotification of the petitioner's land having total area of 2.52 acres bearing Khasra Nos.18, 103, 285P, 393, 438, 440, 442, 449/1, 449/3, 445, 458/1, 464, 465, 472, 473, 508 and 564-P of village Manjan Kala, District Sidhi, has been dismissed.

(3.) The learned counsel for the appellant submits that the only prayer made by the appellant/petitioner in the petition was for a direction to the respondent/authority to consider and take a decision on the proposal forwarded by the respondent/Company for denotification of the land but the learned Single Judge, without taking that aspect into consideration, has dismissed the petition on the ground of pendency of a civil dispute between the appellant/petitioner and certain encroachers, wherein the appellant/ petitioner has sought relief for declaration and possession.