Kamal Kishore Shivhare vs State Of Madhya Pradesh

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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 6 OF NOVEMBER, 2026
WRIT PETITION No. 46020 of 2026
CNR No.: MPHC030309332026
KAMAL KISHORE SHIVHARE
Versus
STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Nakul Khedkar - Advocate for the petitioner.
Shri Dharmendra Nayak - Govt. Advocate for the respondents/State.
ORDER
The present writ petition under Article 226 of the Constitution of India
has been preferred by the petitioner seeking a direction to respondent Nos. 2
and 3 to implement the earlier orders passed by this Court and to take
consequential steps for removal of encroachment and restoration of
possession of the petitioner's land.
Learned counsel for the petitioner submits that this Court, vide order
dated 06.02.2025 passed in W.P. No. 2298/2025, had directed the petitioner
to approach the competent authority by filing an application under Section
250(8) of the Madhya Pradesh Land Revenue Code, 1959. Accordingly, the
petitioner filed an application before the Sub-Divisional Officer, upon which
notices were issued to the private respondents. However, despite the
subsequent order dated 17.11.2025 passed in W.P. No. 43216/2025, directing
the Sub-Divisional Officer to decide the matter within a period of two weeks,
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 11/8/2026
9:42:40 AM

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no effective steps have been taken. It is further submitted that although a

team was constituted vide order dated 02.03.2026 for handing over
possession of the disputed land to the petitioner, the directions have not been
implemented till date.
Learned counsel for the petitioner further submits that the private
respondents had also preferred a civil suit and an application under Order
XXXIX Rules 1 and 2 of the Code of Civil Procedure, which came to be
dismissed, and the appeal preferred against the same was also dismissed. It is
contended that there is no interim order operating in favour of the private
respondents, yet the authorities have failed to implement the orders passed
by this Court.
Learned Government Advocate appearing for the State submits that
the respondents shall take appropriate steps in accordance with law and
ensure compliance with the orders passed by this Court.
Having considered the submissions advanced by learned counsel for
the parties and upon perusal of the record, this Court finds that the grievance
of the petitioner primarily relates to non-compliance with the directions
issued by this Court in the earlier round of litigation. The petitioner has
approached the authorities in terms of the earlier directions, and despite
subsequent orders passed by this Court, the matter has not reached its logical
conclusion.
In the considered opinion of this Court, the directions issued by this
Court are required to be complied with in their true letter and spirit. The
authorities cannot keep the proceedings pending indefinitely, particularly
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 11/8/2026
9:42:40 AM

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when the petitioner is seeking enforcement of the orders passed in

proceedings under Section 250(8) of the Madhya Pradesh Land Revenue
Code, 1959.
Accordingly, the present writ petition is disposed of with a direction to
respondent Nos. 2 and 3 to take immediate and effective steps for
implementation of the order dated 06.02.2025 passed in W.P. No.
2298/2025, as well as the subsequent order dated 17.11.2025 passed in W.P.
No. 43216/2025, and to ensure that the consequential proceedings for
removal of encroachment and delivery of possession to the petitioner are
completed in accordance with law, expeditiously, preferably within a period
of four weeks from the date of receipt of a certified copy of this order.
The respondents shall also ensure that adequate police assistance is
made available, if required, for implementation of the orders, so that no
obstruction is caused in execution of the same.
It is made clear that the aforesaid exercise shall be undertaken strictly
in accordance with law and after following the principles of natural justice,
wherever applicable. The rights and contentions of the parties in the pending
proceedings before this Court shall remain unaffected.
With the aforesaid directions, the writ petition stands disposed of. No
order as to costs.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 11/8/2026
9:42:40 AM

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neetu

Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 11/8/2026
9:42:40 AM