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 if any demarcation was carried out, it was not in her presence hence, the same is not admissible in law. The Tehsildar considered the objections in detail and allowed the application filed under section 250 of the MPLRC vide order dated 19.8.2019 (Annexure P/1) directing to hand over the possession to respondent No.5 by evicting the petitioner.

5. Thereafter, petitioner preferred an appeal before the Sub Divisional Officer (Revenue) Dewas and the same was dismissed vide order dated 7.11.2019 (Annexure P/2). Being aggrieved, petitioner preferred a Second Appeal before the Commissioner, Ujjain Division on various grounds which was also dismissed vide order dated 17.3.2020 (Annexure P/3). Hence, the present petitions before this Court.

Heard learned counsel for the parties.

6. In the proceedings initiated under section 250 of the MPLRC, petitioner is attacking the demarcation. The scope of section 250 of MPLRC is very limited. Proceedings under section 250 of the MPLRC is like an execution proceeding of the decree or order passed by the competent authority. The demarcation proceedings cannot be challenged under section 250 of the MPLRC as held by this Court in case of Murlidhar & Anr. v. Board of Revenue, M.P. & Ors., ILR (2013) MP 597 . Paragraph 15 of the aforesaid order is reproduced hereunder :

''15. As far as the second ground is concerned, proceedings under section 129 for demarcation was conducted by the Tehsildar and had attained finality. If the petitioners had any grievance with regard to the said order they were required to challenge the same in accordance to law by filing an appeal or revision against the said order by invoking the provisions of Section 44 or section 50 of M.P.Land Revenue Code. If the petitioners felt that the order passed under section 129 is without notice to them and without hearing them, they should have challenged the said order in accordance to law. Having not done so, the order becomes a final order and based on the same if the possession of the respondents are restored, no error is committed by the Board of Revenue or the Additional Commissioner. That apart, it is a case of the petitioners that in the proceedings held under Section 129 notice was not issued to them, however, the finding recorded is contrary and it shows that inspite of notice, petitioner No. 1 did not appear and petitioner No.2 did not receive the notice. Be it as it may be, once the order under Section 129 had attained finality and based on the same action is taken, I see no reason to interfere into the matter.''

7. Considering the aforesaid legal position and in view of the facts and circumstances of the case, no case for interference is made out. Accordingly, the petitions are dismissed. No order as to costs.

Let a copy of this order be placed in the