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PRANAY VERMA
RADHESHYAM – Appellant
Versus
GOTULAL – Respondent
ORDER :
(Pranay Verma, J.) :
This petition under Article 227 of the Constitution of India has been preferred by the petitioner being aggrieved by the order dated 28.08.2023 passed by the Additional Commissioner, Ujjain Division, Ujjain reversing the order dated 31-12-2020 passed by the Sub Divisional Officer (Revenue), Sub Division Javad, District - Neemuch who in turn had set aside the order dated 17-12-2019 passed by the Tehsildar, Tehsil Javad, whereby the application under section 250 of the M. P. Land Revenue Code, 1959 (for short ‘the Code’) preferred by respondent No. 1 had been allowed.
2. The facts in brief are that respondent No. 1 made an application before the Tehsildar for demarcation of his land bearing survey No. 853 area 0.470 hectare and survey No. 854 area 0.200 hectare total area 0.670 hectare, Gram Babaljuni, Tehsil Javad, District – Neemuch. On the application demarcation was carried out on 25-6-2018. There was some error in demarcation which was corrected by order dated 16-7-2018. In the demarcation illegal possession of the petitioner over the disputed land was found. Respondent No. 1 then requested the petitioner to deliver possession of the said land to him b
Finality of demarcation proceedings under section 129 of the M. P. Land Revenue Code cannot be contested in subsequent applications under section 250.
The principles of natural justice require proper notice and opportunity to be heard before decisions affecting rights are made; failure to comply invalidates proceedings.
The Naib Tehsildar improperly dismissed the demarcation application based on objections not permissible at that stage, violating statutory procedures under Section 129 of the MPLRC.
Quasi-judicial authorities must provide reasons for their decisions, as the reason is essential for a valid conclusion.
The authority responsible for demarcation should consider the petition as a representation, dispose of it within a specified time, and take necessary action based on the relevant records.
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