Ram Kumar Shrivastava vs State of M.P. & others

According to the case of the petitioners, the petitioners are tribals from the marginal and economically and socially backward sections of the society. Learned counsel for the petitioners has drawn the attention of this Court to Annexure P/3 which is from Page 22 to Page 38 of the petition. The said annexure is a compilation of orders dated 23.05.2017 which has been passed by the Court of Nayab Tehsildar thereby directing the petitioners to remove the encroachment put up by them by 03.06.2017 failing which the State shall destroy the hutments of the petitioners. Learned counsel for the petitioners also submits that the said order, though dated 23.05.2017 has been received by the petitioners only on 31.05.2017 and the said averment has been supported by an affidavit filed along with the petition.

Upon going through the said orders, it is apparent that the order has straightaway asked the petitioners herein to remove their construction on or before 03.06.2017. The said order does not mention any prior notice been given by the State to the petitioners asking them to perform as aforementioned failing which action shall be taken by the State.

Per contra learned counsel for the State, drawing attention to the same documents in which it is written that

"VERNACULAR MATTER OMITTED"

submits that the petitioners were actually informed by the agents of the State with regard to their illegality and also intimated by showing them the constructions which were said to be encroachments on the government land. Learned counsel for the State also submitted that the petitioners herein have not given any proof of the fact that they are legitimate occupants of the said land and under the circumstances, it is clear that the said land belongs to the State Government.

Per contra, learned counsel for the petitioners has drawn the attention of this Court to Annexure P/1, which is a representation made by the petitioners herein to the Collector, District Rewa in the year 2015. In the said representation, it was admitted by the petitioners herein that they are in occupation of the said land since three years before itself which would date from the year 2012. Thereafter, Annexure P/2 is a similar representation which was made to the Commissioner, Rewa Division to the same effect. In all, learned counsel for the petitioners stated that 200 persons who are tribals, illiterate and economically impoverished are going to be affected if the order dated 23.05.2017 is given effect.

Learned counsel for the State has also submitted that as the said representation to the Collector was made way back in the year 2015, similar representations may once again be repeated before the authorities which may be considered by them.

Under the circumstances, this Court disposes of this petition with a request to the respondent No. 2 to pass orders on the representations made by the petitioners herein. While passing the said orders, the authority will strictly abide by the law of the land and also bear in mind the economic and social stature of the petitioners while passing such an order. It is made absolutely clear that by observing thus, this Court is not making or even indicating remotely the manner in which such order is to be passed and that is left purely to the discretion of the respondent No.2 which this Court believes will pass orders strictly in accordance with law within 30 days from the date of receipt of such representations.

A copy of this order shall be produced and placed before the respondent No. 2 along with the representations. A copy of this order may also be given to the learned Counsel for the State.

Till such representations are decided, no coercive action shall be taken by respondent No. 2 against the petitioners herein.

Accordingly, the petition stands disposed.