Writ court directed the revenue authority to decide the encroachment grievance without adjudicating disputed facts.

The petitioners approached the High Court under Article 226 of the Constitution seeking protection of Government land bearing Survey No. 11, Village Shyopura, Tehsil Karera, District Shivpuri, measuring approximately 2.14 hectares.

Of this, 1.00 hectare had been transferred by the Collector, Shivpuri, by order dated 10.11.2025 to the Sports and Youth Welfare Department for construction of an Indoor Stadium, subject to its use exclusively for that purpose.

A Patwari’s report dated 31.07.2026 allegedly recorded that villagers, including Ramprakash Dubey, were undertaking construction of a cremation ground on Survey No. 11 despite directions to stop.

Proceedings were thereafter initiated before the Tehsildar, including proceedings under Section 248 of the Madhya Pradesh Land Revenue Code, 1959, in which an encroachment of approximately 0.03 hectare was recorded and eviction and penalty proceedings were undertaken.

1. Whether the alleged unauthorized occupation and construction of a cremation ground over Government land bearing Survey No. 11 required action by the competent revenue authority in accordance with law.

2. Whether the 1.00 hectare of land transferred for construction of an Indoor Stadium could be directed to be used exclusively for that stated public purpose.

3. Whether the High Court should itself adjudicate the disputed factual questions concerning encroachment, unauthorized construction and possession, or direct the competent authority to decide the pending grievance after examining the relevant records.

The Court exercised its jurisdiction under Article 226 of the Constitution to ensure consideration of the petitioners’ grievance by the competent statutory authority, but declined to undertake factual adjudication where the relevant revenue proceedings were pending.

Section 248 of the Madhya Pradesh Land Revenue Code, 1959 governed action concerning unauthorized occupation or encroachment over Government land, including eviction and penalty proceedings.

Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023 formed the basis of preventive proceedings where the alleged construction was considered capable of affecting public peace.

The Court applied the principle that disputed factual matters concerning encroachment, possession and land use should ordinarily be examined and decided by the competent authority in accordance with law, with reasons, rather than being conclusively determined in writ jurisdiction.

The Court noted that the petitioners had relied upon the Collector’s order, the Patwari’s report and the proceedings under Sections 248 of the Madhya Pradesh Land Revenue Code and 152 of the Bharatiya Nagarik Suraksha Sanhita.

These materials disclosed a live dispute concerning alleged encroachment and construction on Survey No. 11, but did not justify the High Court recording findings on the merits at that stage.

Since the matter was pending before the competent authorities and involved disputed factual questions regarding the nature of occupation, unauthorized construction and the permitted use of the transferred land, the Court considered it appropriate to require a statutory determination rather than conduct its own factual inquiry under Article 226.

The authority was directed to examine the revenue records, the Collector’s order dated 10.11.2025, the subsequent proceedings and the material submitted by the petitioners, and to pass an independent, reasoned and speaking order.

The competent revenue authority was directed to consider and decide the petitioners’ pending grievance or representation strictly in accordance with law, after verifying the relevant records and proceedings concerning Survey No. 11 and considering the Collector’s order dated 10.11.2025.

A reasoned and speaking order was directed to be passed at the earliest, preferably within four weeks from receipt of a certified copy of the judgment.

Any further action found necessary was to be taken in accordance with law.