Back
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Pranay Verma, J.
Manoj – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Writ Petition No. 1940 of 2023
Decided On : 23-01-2023
Section 129 (5) - M.P. Land Revenue Code, 1959 - The court issued notice to respondent No.4 and stayed the operation of the impugned orders dated 08.12.2022 and 14.06.2022, considering the objections raised under Section 129 (5) of the M.P. Land Revenue Code, 1959.
Fact of the Case:
The petitioner filed an application under Section 129 (5) of the M.P. Land Revenue Code, 1959, raising objections to the demarcation proceeding. The impugned final order was passed without considering the said application.
Finding of the Court:
The court issued notice to respondent No.4 and stayed the operation of the impugned orders dated 08.12.2022 and 14.06.2022. The court found that the objections raised under Section 129 (5) were not considered before passing the impugned final order.
Issues: Failure to consider objections raised under Section 129 (5) of the M.P. Land Revenue Code, 1959.
Ratio Decidendi: The court's decision was influenced by the failure to consider the objections raised under Section 129 (5) of the M.P. Land Revenue Code, 1959 before passing the impugned final order.
Final Decision: The court issued notice to respondent No.4 and stayed the operation of the impugned orders dated 08.12.2022 and 14.06.2022.
JUDGMENT
Pranay Verma, J. - Heard on the question of admission and interim relief.
2. Learned counsel for the petitioner submits that before the Sub Divisional Officer an application under Section 129 (5) of the M.P. Land Revenue Code, 1959 (Annexure P/8) had been filed on 08.07.2022 raising in detail the objections to the demarcation proceeding. However without even adverting to the said application the impugned final order has been passed by the Sub Divisional Officer.
3. Considering the aforesaid, issue notice to the respondent No.4 only on payment of process fee by RAD within a period of 7 working days.
4. Notices be made returnable within six weeks.
5. Till next date of hearing the operation of the impugned order dated 08.12.2022 (Annexure P/10) and 14.06.2022 (Annexure P/7) shall remain stayed.
C.c. as per rules.
Failure to consider objections raised under Section 129 (5) of the M.P. Land Revenue Code, 1959 before passing the impugned final order.
The court emphasized that failure to provide notice and consider objections in administrative proceedings violates natural justice, allowing for judicial intervention despite alternative remedies.
Finality of demarcation proceedings under section 129 of the M. P. Land Revenue Code cannot be contested in subsequent applications under section 250.
The court established the necessity for timely handling of land demarcation requests and the requirement for proper communication regarding decisions related to those requests.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
