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PRANAY VERMA
Manohar Singh – Appellant
Versus
Collector – Respondent
| Table of Content |
|---|
| 1. petition under article 227 challenging demarcation. (Para 1 , 2) |
| 2. contentions regarding lack of notice and hearing. (Para 3 , 4) |
| 3. non-challenge of demarcation makes proceedings final. (Para 5 , 6 , 7 , 8) |
| 4. affirmation of lower authorities' orders and petition dismissal. (Para 9) |
ORDER
1. This petition under Article 227 of the Constitution of India has been preferred by the petitioners being aggrieved by the order dated 3.10.2022 passed by the Collector, District Ratlam dismissing the revision preferred by them against the order dated 28.2.2022 passed by the Tehsildar, Piploda, District Ratlam.
2. The facts of the case are that respondent No.3 had filed an application under Section 129 of M.P. Land Revenue Code, 1959 (hereinafter referred to as 'the Code') for demarcation of land bearing survey number 397 area 1.570 hectare. In those proceedings notices were issued to the petitioners on 4.10.2021. The demarcation was carried out on 10.7.2021 and report was submitted to the Tehsildar who affirmed the demarcation by order dated 2.8.2021. On strength of the demarcation, respondent No.3 filed an application under section 250 of the Code before the Tehsildar for posses
Finality of demarcation proceedings under section 129 of the M. P. Land Revenue Code cannot be contested in subsequent applications under section 250.
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.
The principles of natural justice require proper notice and opportunity to be heard before decisions affecting rights are made; failure to comply invalidates proceedings.
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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