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DWARKADHISH BANSAL
Hemraj Tomar – Appellant
Versus
Rakesh Kumar – Respondent
ORDER
1. This miscellaneous petition has been preferred by the petitionerHemraj Tomar challenging the order dtd.27.10.2021 passed by Additional Collector, Narsinghpur in Case No.007/Revision/2021-22 affirming the demarcation proceedings conducted and completed by Revenue Inspector vide order dtd.13.3.2016.
2. Facts in short are that the respondents claim themselves to be bhumiswami and in possession of land Khasra No. 179/2, 181/1 area 2970 sq.ft. out of 0.034 hectare and 726 sq. ft. i.e. 0.010 hectare on the basis of two registered sale deeds dtd. 3.9.2014 & 23.5.2015 executed by Brijendra Singh in favour of the respondents. They further claim themselves to be bhumiswami of land khasra no. 211/3 area 0.003 hectare i.e. 297 sq. ft. on the basis of sale deed dtd. 23.5.2015 executed by petitioner-Hemraj from the land khasra No. 211/2 out of area 0.121 hectare. Upon purchase of 297 sq.ft. land, new number was formed as 211/3 area 0.003 hectare i.e. 297 sq.ft. and in the present case there is dispute only in respect of land survey No. 211/3 area 0.003 hectare i.e. 297 sq.ft.
3. On the basis of aforesaid acquisition of bhumiswami rights, the respondents moved an application for demarcation
The principles of natural justice require proper notice and opportunity to be heard before decisions affecting rights are made; failure to comply invalidates proceedings.
Non-compliance with certain instructions regarding demarcation of boundaries, such as recording statements of parties or fixing three Pucca points, will not vitiate the demarcation as a whole.
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