Madhya Pradesh HC Directs Collector To Inquire Into Land Grabbing Of Scheduled Tribe Members, Ensure That There Are No Bonded Labourers

A division bench of Justice Anand Pathak and Justice Hirdesh observed, “Collector Ashoknagar shall conduct an enquiry about the instances or the cases where land belonging to members of Scheduled Tribe Community are being grabbed or disposed off by such influential persons including the persons holding different offices. It would also be the duty of the Collector, Ashoknagar to conduct enquiry in respect of bonded labours working in such agricultural field/households or any other places under the domination of such powerful persons. Collector, Ashoknagar shall have to ensure that no bonded labour should work in his district as it is contrary to Constitutional and statutory provisions".

Big people who want to grab property behind litigation, habeas corpus an eye wash

The present petition in nature of Habeas Corpus was filed by the petitioner alleging that his wife is in illegal confinement of private respondent Nos. 4, 6 and 7.

During the hearing of the matter on February 25 in the morning session, the Court directed the petitioner to appear before the court. In the afternoon session the petitioner appeared; two other men–Dharmpal Sharma and Gaurav Sharma were also present in person although they were not called. 

The court thereafter said, "In the morning session, when matter was taken up for consideration of this petition, then from discussion, this Court gathered that petition filed under Article 226 of the Constitution of India (in the nature of habeas corpus) is an eye wash. Actually, some big people were behind this litigation and caused filing of this petition through present petitioner, so that property which is in the name of his wife Munni Bai (herein respondent No.5) can be transferred to somebody else". 

As per the factual matrix, the alleged corpus Munni Bai left her matrimonial home on pretext of visiting Prayagraj, but she went to her parental home in Tahsil Chanderi, District Ashoknagar. Since, she was missing, the petitioner filed a missing person report. When nothing turned positive, then he pursued a petition in the nature of habeas corpus.

The petitioner's counsel argued that corpus is the wife of petitioner and due to inadvertence, she has been impleaded as party respondent No.5. They wanted to implead some other Munni Bai as party respondent. It was argued that the petitioner's wife is owner and possessor of property in question measuring approx 4.8 hectares. 

The State's counsel submitted that this is a case of 'lust for land' to grab land belonging to members of Schedule Tribe Community which is quite rampant in the said area. It was further submitted that it is common practice that land of persons belonging to Schedule Tribe Community are grabbed by influential people or tribal persons are persuaded to dispose it off on meagre sum. Since corpus is title holder and possessor of big chunk of land, some local politicians want to get that land in their names therefore, they are trying to influence corpus to move according to their designs.

The court was informed that the wife was recovered earlier by police, but she wanted to stay at her parents' home. 

The counsel for respondent Nos. 5 to 7 informed the court that the Sarpanch of Gram Panchayat Shankarpur, Tahsil Ishagarh and her husband alongwith other persons like Dharampal Sharma and Gaurav Sharma (who were present in the Court) grab such type of land and try to oust the members of Schedule Tribe from their land by alluring them to sell it to some other person or by forcing them to do so. Therefore, tribal members required to be protected and an enquiry be held in respect of such transactions. The counsel further informed the Court that in last ten years, many such instances came to notice, therefore, detailed enquiry of such type of transactions should be initiated. He also raised a point of status of some people being treated and worked as bonded labours.

Petitioner was intimidated in court room, allegations need probe

After hearing the parties, the court inferred that the contentions of respondents seem to be correct to some extent and therefore, deserves further probe.

“Initially, looking innocuous, but later on litigation appears to be multilayered. The way Dharampal Sharma and Gaurav Sharma tried to influence and intimidate the petitioner in the Court room, itself indicates that they somehow wanted to keep petitioner and corpus silent about their designs, maybe evil in the nature (also subject to enquiry/investigation). It further appears that the husband of Sarpanch Gram Panchyat Shankarpur, namely, Hardeep Randhawa maybe appears to be a person behind filing of this petition. Therefore, all these allegations are to be investigated and enquired and if required, simultaneously.”, the Court said.

The Court thereafter directed Superintendent of Police, Ashok Nagar to investigate the matter and if any case of such nature is found where, influential persons or any vested interest tried to forcibly get the land of members of Scheduled Tribe Community, then criminal case should be registered against them without delay.

The court also directed S.P. Gwalior to provide police protection to petitioner, corpus and private respondents (Respondents 4 to 7). The court further directed Dharampal Sharma and Gaurav Sharma not to move in the vicinity of petitioner, corpus and the private respondents or try to contact the latter; otherwise criminal case shall be  registered against them.

"It is made clear that till next date of hearing, no transaction of the above-mentioned land shall be carried out by any Revenue/Registering Authority," the Court said.

The matter is listed for further hearing on March 11.

Case Title: Chotelal Adiwasi Vs. The State Of Madhya Pradesh And Others, Wp No.5766 Of 2025