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MILIND RAMESH PHADKE
Brajmohan Sharma – Appellant
Versus
Kaluram – Respondent
ORDER
1. This petition under Article 226 of the Constitution of India has been filed by the petitioner against the order dated 25.3.2024 passed by Sub Divisional Officer, Lateri District Vidisha in case No. 112/A-121-2023-2024 and the order dated 18.1.2024 passed by Nayab Tehsildar, Tehsil Lateri District Vidisha in case No.36/A-121/2023-24 whereby the authorities have carried out demarcation of survey No. 191/1/1 situated at village Danwas Patwari Halka No.60 Tehsil Lateri District Vidisha without given any notice and opportunity of hearing to the petitioner.
2. Learned counsel for the petitioner submits that in the present case, initially respondent No.1 had filed an application for demarcation and on the basis of that application, Nayab Tehsildar Tehsil Lateri had passed an order dated 23.5.2023 directing Revenue Inspector Mandal 02 Lateri to conduct demarcation and after demarcation, prepare report Panchnama and field book and submit it on or before 31.5.2023 before the Nayab Tehsildar. When this fact came into the knowledge of petitioner, he preferred objection before Tehsildar, Tehsil Lateri averring that since respondent No.1 is trying to encroach upon the land of petitioner,
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 central legal point established in the judgment is the requirement to grant a personal hearing to the affected persons during demarcation proceedings, as mandated by Rule 170 of the Delhi Land Re....
The central legal point established is the requirement to grant a hearing to affected parties during demarcation proceedings, and the right to challenge demarcation reports with personal hearing and ....
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 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.
Failure to follow the provisions of the M.P. Land Revenue Code, 1959, regarding giving an opportunity of hearing to the parties interested before confirming the demarcation report led to the setting ....
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