After the state failed to appear on crucial dates in a case related to private persons claiming government land in Burhanpur, the Madhya Pradesh High Court criticised the state government, observing that it had “virtually abdicated all its responsibility” to save the land “on which it claims ownership as against a private person”.
The court reminded the state that it holds precious resources for the “landless and the voiceless”.
“It is really a very sorry state of affairs, that in a matter involving valuable land of Burhanpur City, the State has virtually abdicated all its responsibility as State to save the lands on which it claims ownership as against a private person,” Justice Vivek Jain observed on November 18. An ex parte decree was issued in the case in favour of the private parties, as the state did not appear to defend itself.
The verdict in the matter was passed in favour of the private parties as the state did not appear in court on the key dates.
The court observed that the “State has not woken up to reality, and with its vast human resources, cannot ensure even timely attendance in the Civil Courts for the valuable land that is a limited resource, and which the State holds in trust for the common man, who is voiceless, faceless and powerless.”
“The manner in which lands worth hundreds or thousands of crores are being wasted requires some remedial action,” the court said.
The judge has directed the state government to draft a clear policy within six months for defending legal cases involving government land and for challenging final or ex parte decrees passed against the state. The policy must include provisions to hold responsible officials criminally liable for breach of trust if a decree remains unchallenged due to their fault. Citizens will have the right to file complaints about violations of this policy.
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Until such a policy is framed, the court ordered that if any ex parte decree concerning government land remains unchallenged for over 90 days, any member of the public may seek prosecution of the district collector who held office during that period.
The judge observed that in “an egalitarian society and a State that strives to build and maintain an egalitarian society, the State holds natural resources in public trust.”
“Land is a very limited resource… Therefore, a huge race ensues to grab the land, which is the most scarce resource on Earth,” the court observed.
Following the ex parte decree in the case, the state tried to cancel this by filing a suit, but it was later dismissed as having lapsed. The state then appealed, but the appeal was rejected. After that, the state filed a Writ petition, but withdrew it with permission to file a Revision. When the Revision was filed, that too was withdrawn with permission to file a Writ petition again.
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The judge observed, “It is disturbing that the Advocate General’s office did not discern whether to file a Civil Revision or a Writ Petition against the Appellate Court’s order; this ignorance led to the order going unchallenged”.
The judge observed that when the state “gives a walk-over by remaining ex parte despite service, and then even ignoring to challenge the ex parte decree forever or making challenge after many years, it is certainly a case of breach of trust, and in fact, a criminal breach of trust.”
Anand Mohan J is an award-winning Senior Correspondent for The Indian Express, currently leading the bureau’s coverage of Madhya Pradesh. With a career spanning over eight years, he has established himself as a trusted voice at the intersection of law, internal security, and public policy.
Based in Bhopal, Anand is widely recognized for his authoritative reporting on Maoist insurgency in Central India. In late 2025, he provided exclusive, ground-level coverage of the historic surrender of the final Maoist cadres in Madhya Pradesh, detailing the backchannel negotiations and the "vacuum of command" that led to the state being declared Maoist-free.
Expertise and Reporting Beats
Anand’s investigative work is characterized by a "Journalism of Courage" approach, holding institutions accountable through deep-dive analysis of several key sectors:
National Security & Counter-Insurgency: He is a primary chronicler of the decline of Naxalism in the Central Indian corridor, documenting the tactical shifts of security forces and the rehabilitation of surrendered cadres.
Judiciary & Legal Accountability: Drawing on over four years of experience covering Delhi’s trial courts and the Madhya Pradesh High Court, Anand deconstructs complex legal rulings. He has exposed critical institutional lapses, including custodial safety violations and the misuse of the National Security Act (NSA).
Wildlife Conservation (Project Cheetah): Anand is a leading reporter on Project Cheetah at Kuno National Park. He has provided extensive coverage of the biological and administrative hurdles of rewilding Namibian and South African cheetahs, as well as high-profile cases of wildlife trafficking.
Public Health & Social Safety: His recent investigative work has uncovered systemic negligence in public services, such as contaminated blood transfusions causing HIV infections in thalassemia patients and the human cost of the fertilizer crisis affecting rural farmers.
Professional Background
Tenure: Joined The Indian Express in 2017.
Locations: Transitioned from the high-pressure Delhi City beat (covering courts, police, and labor issues) to his current role as a regional lead in Madhya Pradesh.
Notable Investigations: * Exposed the "digital arrest" scams targeting entrepreneurs.
Investigated the Bandhavgarh elephant deaths and the impact of kodo millet fungus on local wildlife.
Documented the transition of power and welfare schemes (like Ladli Behna) in Madhya Pradesh governance.
Digital & Professional Presence
Author Profile: Anand Mohan J at Indian Express
Twitter handle: @mohanreports ... Read More
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