Wednesday, February 1, 2023

Madhya Pradesh High Court disposes of PIL against encroachment on public land by sarpanch for office

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The Madhya Pradesh High Court has recently disposed of a PIL filed against illegal encroachment on government land by the local sarpanch, who is using it as his office.

The PIL has been filed by Nikhil Mishra, contending that the petitioner and other villagers of Village Pahadi, Tehsil Maihar, District Satna, made a complaint to Sub Divisional Officer (Revenue), Maihar, about the illegal encroachment of 10×10 sq. ft. on government land by the local sarpanch,  who is using the same as his office.

A complaint was made to the Tehsildar, Maihar for appropriate action. Tehsildar, Maihar passed an order on 27.9.2017, directing the Sarpanch to remove the encroachment and also imposed a fine of Rs 500. A reference is made to the order of Tehsildar dated 27.9.2018 which was originally passed and thereafter, Bedakhli Notice dated 21.8.2019 and the notice dated 5.10.2020  for calling upon the Sarpanch to remove the encroachment, failing which he shall be liable to undergo civil jail.

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The Sarpanch submitted his reply to the notice, vide dated 22.12.2020. So far, however, the Tehsildar has not taken any final action, noted the Jabalpur  Division Bench composed of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla.

“Having regard to the same, we dispose of the writ petition requiring the petitioner to approach the Sub Divisional Officer (Revenue), Maihar, District Satna, if the Tehsildar does not take any final decision on the complaint of the petitioner. With the aforesaid direction, the writ petition is disposed of,” the order reads.

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