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2023 Supreme(MP) 463

DWARKA DHISH BANSAL
Arvind Chouhan – Appellant
Versus
Sub Divisional Officer – Respondent


Advocates Appeared:
Shri Sharad Gupta, Advocate, for the Appellant; Shri Mukund Agrawal, Govt. Advocate, Shri Qasim Ali, Advocate, for the Respondent.

ORDER

1. This miscellaneous petition has been preferred challenging the order dated 19.11.2022 passed by SDO, Sehore in Revenue Case No.43/B-121/2022-23 (Arvind Chouhan Vs. Sufiya Faiyyaz) whereby learned SDO has maintained the order dated 05.05.2022 passed by Tahsildar, Tahsil Shyampur passed in Case No. 56/A-12/21-22 whereby learned Tahsildar confirmed the demarcation proceedings carried out by the Revenue Inspector vide final report dated 02.05.2022.

2. Learned counsel for the petitioner submits that his father Moolchand Chouhan has been recorded bhoomiswami of the adjacent land Khasra No. 864/1 & 865/2 and before conducting the demarcation proceeding, notice was allegedly issued to his deceased father Moolchand and vide panchnama (Annexure P/4), the Revenue Inspector found the petitioner Arvind Chouhan to be in possession of part of the disputed land but apparently no notice was issued to Arvind Chouhan and in the panchnama, it has wrongly been mentioned that notice was issued to Arvind Chouhan. He further submits that the demarcation proceedings have been conducted and finalized behind the back of the petitioner. Accordingly, he prays for allowing the petition.

3. Learned counsel

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