MP HC Dismisses Man’s Eviction Challenge, Orders Lawyer To Personally Pay ₹10,000 After Two Attempts To Misguide Court

The petitioner claimed possession for over 30 years of a 0.008-acre portion of Khasra No. 852 at Village Manpur, Umaria, where he had built his residence.

He relied on a revenue report and panchnama recording possession for 20 years and sought allotment of the land and grant of Dharnadhikar.

The Tehsildar had meanwhile passed an order dated 7 September 2026 directing his eviction under Section 248 of the Madhya Pradesh Land Revenue Code (MPLRC).

The petitioner sought consideration of his application, protection from eviction, and quashing of the Tehsildar’s order.

He relied on Pappu Raikwar v. State of Madhya Pradesh, where the Court had directed consideration of an application and stayed pending Section 248 proceedings; the State argued that, unlike that case, a final eviction order had already been passed here.

Article 226 of the Constitution was invoked as the basis for the petitioner’s request for writ relief.

Section 248 of the MPLRC was relevant because the Tehsildar’s eviction order had been made under that provision; the judgment did not set out or apply a substantive test under that section.

The Court distinguished Pappu Raikwar: there, Section 248 proceedings were still pending and were stayed while the application for Dharnadhikar was considered within 90 days; the precedent did not concern a case in which a final eviction order had already been passed.

The Court found that Pappu Raikwar did not support the petitioner’s request because the proceedings in that case were pending, whereas the Tehsildar had already passed a final eviction order in this case.

The Court also rejected the petitioner’s repeated assertion that the proceedings in Pappu Raikwar had been finally decided, observing that he had made two attempts to misguide the Court despite the State’s clarification.

On that basis, it declined to entertain the petition.

The Court ordered the petitioner’s counsel to personally pay costs of ₹10,000 to the specified account of the M.P. High Court Bar Association within seven working days.