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VIVEK RUSIA
Kanchan Motiani W/o Shri Satish Motiani – Appellant
Versus
State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) – Respondent
ORDER :
1. The petitioner has filed the present petition being aggrieved by order dated 02.06.2022 whereby Naib Tehsildar has rejected an application under Section 129 of Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred as "MPLRC") relying on provisions of Order VII Rule 11 of CPC r/w Section 32 of MPLRC solely on the ground that the petitioner is not in possession and the private respondent Nos.4 to 10 are having objection.
Facts of the case in short are as under:
2. Vide registered sale-deed dated 21.08.2012 (Annexure P/3), the petitioner purchased a part of survey No.262/3 from the owners of the land thereafter, she applied for mutation and her name was mutated. Thereafter, at the time of division of plots the objections were raised by the respondents however, the same has been done and now the new survey No.262/3/994 has been allotted to the petitioner for the land in question.
3. The petitioner approached the Naib Tehsildar by way of application under Section 129 of the MPLRC, before the order could be passed under Section 129(1) & (2) of MPLRC the private respondents suo motu appeared and filed an objection under Order VII Rule 11 of CPC r/w Section 32 of MPLRC disput
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.
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.
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