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2020 Supreme(MP) 951

SHEEL NAGU, RAJEEV KUMAR SHRIVASTAVA
Pratibha Acharya – Appellant
Versus
Kamlesh Mohan Shrivastava – Respondent


Advocates:
K.K. Shrivastava for appellant; S.K. Shrivastava for respondents.

ORDER

1. This writ appeal filed under section 2 (i) of MP Uchch Nyayalaya Khandpeeth ko Appeal Adhiniyam, 2005 assails the final order dated 31. 7.2020 passed by the learned Single Judge dismissing the petition under Article 227 declining interference to the appellate order of the SDO, Vidisha dated 7.2. 2020 dismissing the Appeal of the petitioner thereby upholding the order dated 25-5-2019 of Tahsildar, Vidisha regarding demarcation of the land belonging to respondent no. 5 herein.

2. The principal ground raised in the appeal before SDO by the petitioner was that demarcation on behest of the respondent was carried out in the absence of the petitioner.

3. The learned single judge while dismissing the petition preferred by the petitioner titled as "a petition under article 227 of the Constitution of India" observed that demarcation had been done on four earlier occasions and with the prayer of the petitioner to carry out demarcation of all the survey numbers including that of the petitioner as well as respondent No.1 cannot be gone into, owing to absence of any prayer made in the application for demarcation made by petitioner before the Revenue Authorities.

4. The learned single judge

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