Rahul Rajoriya vs The State Of Madhya Pradesh

1 WP-46443-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 5 OF NOVEMBER, 2026
WRIT PETITION No. 46443 of 2026
CNR No.: MPHC030312532026
RAHUL RAJORIYA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ashutosh Dubey - Advocate for the petitioner.
Shri Sohit Mishra - Govt. Advocate for the State.
ORDER
The present petition, under Article 226/227 of the Constitution of
India, has been filed by the petitioner seeking following reliefs:-
"(i) Issue an appropriate writ, order or direction in the
nature of certiorari, quashing the impugned notice dated
30.10.2026 bearing No. 1382 issued by respondent No. 3,
Chief Municipal Officer, Nagar Parishad Indergarh, District
Datia, being arbitrary, vague, without proper identification of
the alleged encroached land and contrary to the principles of
natural justice.
(ii) Issue an appropriate writ, order or direction
restraining the respondents from demolishing or taking any
coercive action against the petitioner's residential house on
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 11/6/2026
12:11:55 PM

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the basis of the impugned notice dated 30.10.2026.

(iii) Direct respondent No. 3 to consider and decide the
petitioner's reply dated 30.10.2026 by passing a reasoned and
speaking order after affording the petitioner an effective
opportunity of personal hearing."
Learned counsel for the petitioner submits that the impugned notice
dated 30.10.2026 has been issued without disclosing the exact particulars of
the alleged encroached land, including its location, khasra number,
boundaries and area. It is further submitted that the petitioner has already
submitted a reply to the said notice; however, apprehending coercive action,
the petitioner has approached this Court.
Considering the nature of grievance raised in the petition, this Court
deems it appropriate to dispose of the present petition with the following
directions:-
(i) The petitioner shall submit a fresh and
comprehensive reply to the impugned notice dated
30.10.2026 before respondent No.3 within a period of 15
days from today, furnishing therein all relevant particulars
and documents pertaining to his residential property,
including its ownership, title, location, boundaries and other
relevant revenue/municipal records, as may be available with
him.
(ii) Upon receipt of such reply, respondent No.3 shall
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 11/6/2026
12:11:55 PM

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consider the same, along with the relevant revenue and

municipal records, and shall also ascertain the exact
particulars of the land alleged to have been encroached upon,
including its location, khasra number, boundaries and area,
after affording an effective opportunity of hearing to the
petitioner.
(iii) Thereafter, respondent No.3 shall take a final
decision in the matter by passing a reasoned and speaking
order, in accordance with law, within a further period of four
weeks from the date of receipt of the fresh reply submitted
by the petitioner.
(iv) Till the aforesaid exercise is completed and a final
decision is taken, no coercive steps, including demolition or
removal of the petitioner's residential house, shall be taken
pursuant to the impugned notice dated 30.10.2026.
It is made clear that this Court has not expressed any opinion on the
merits of the allegations of encroachment, and the competent authority shall
take an independent decision in accordance with law.
With the aforesaid directions, the petition stands disposed of.
No order as to costs.
(MILIND RAMESH PHADKE)
JUDGE
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Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 11/6/2026
12:11:55 PM

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Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 11/6/2026
12:11:55 PM