Prakash Kunwar vs Revenue Department

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(MP) 140

VIVEK RUSIA
Prakash Kunwar – Appellant
Versus
Revenue Department – Respondent

Advocates:
Piyush Shrivastava for petitioner; Anand Bhatt, Government Advocate for respondent/State; M. A. Mansoori for respondent No. 5.

ORDER

1. Regard being had to the similitude of the controversy involved in the present petitions, they are being heard analogously and disposed of by this common order.

2. Petitioner has filed the present petitions challenging the orders dated 19.8.2019 (Annexure P/1), 7.11.2019 (Annexure P/2) and 17.3.2020 (Annexure P/3) passed by the Revenue Authorities.

3. Initially, the respondent No. 5 has moved an application dated 5.6.2018 before the Tehsildar Dewas under section 250 of the MP Land Revenue Code, 1959 ('MPLRC' for short) for demarcation and eviction of petitioner from their land situated at village Karnakhedi, Tehsil Dewas. The demarcation proceedings were conducted by the Revenue Inspector, Circle-I on 3.12.2017. In the said demarcation proceedings, the petitioner was found in encroachment over 0.032 hectares in Survey No. 243/4 and 243/3/1 (in W.P.No. 8327/2020) and 0.099 hectares in Survey No. 253 and 254 (in W.P.No. 8370/2020) situated at village Karnakhedi, Tehsil Dewas. Report to that effect were submitted to the Tehsildar on 15.2.2018.

4. Petitioner appeared and contested the said proceedings inter alia on the ground that no notice of demarcation was served upon her. Even

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