DUPPALA VENKATA RAMANA
Makundi Lal Pathak S/o Shri Dashrath Prasad Pathak – Appellant
Versus
Bharat Lal Tiwari S/o Shri Krishna Datt Tiwari – Respondent
ORDER :
This miscellaneous petition has been preferred challenging the order dated 02.06.2022 passed by respondent no.3 -Sub-Divisional Officer, Badamalahara, District-Chhatarpur in revenue case no.0482/B-121/2021-22 (Mukundilal Pathak Vs. Bharat Lal Tiwari and Others), whereby the SDO upheld the order dated 07.07.2021 passed by respondent no.4-Tehsildar, Ghuvara, District-Chhatarpur in Revenue Case No.0026/A-12/2021-22, whereby the Tehsildar confirmed the demarcation proceedings carried out by the Revenue Inspector vide final report dated 05.07.2021.
2. The facts giving rise to filing this petition is that the initially the respondent no.1 filed an application under Section 129 of the Madhya Pradesh Land Revenue Code, 1959 (in short “the MPLRC”) before the Tehsildar for demarcation of land bearing Khasara no.4010 area 0.785 hectares, 4011 area 0.61 hectares and Khasra No.4012 area 0.198 hectares situated at village, Tehsil-Ghuvara, District-Chhatapur which was registered in revenue case no.26/A-12/2021-22 and the respondent no.4 constituted a four member committee for demarcation of the land vide order dated 29.06.2021. After completion of proceedings, the demarcation order was pass
Dharampal Satyapal Limited v. Deputy Commissioner of Central Excise, Gauhati and others
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 failure to notify a necessary party in land demarcation proceedings violates the principles of natural justice, necessitating a fresh examination of the case.
The court held that failure to provide notice and opportunity for hearing in demarcation proceedings violated natural justice, rendering the ex parte orders illegal and subject to procedural recall.
Finality of demarcation proceedings under section 129 of the M. P. Land Revenue Code cannot be contested in subsequent applications under section 250.
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