Back
PRANAY VERMA
Manohar Singh – Appellant
Versus
Collector – Respondent
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 possession of his land which was found in possession of the petitioners. Therein the petitioners appeared and filed an application under Order 7 rule 11 of the CPC for rejection of the application. By order dated 28.2.2022 the said application was rejected by the Tehsildar which order has been affirmed by
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 ....
Quasi-judicial authorities must provide reasons for their decisions, as the reason is essential for a valid conclusion.
Parties accepting land demarcation via signed joint statement on spot cannot subsequently object or appeal, as Section 107(7) H.P. Land Revenue Act bars challenges when no objections raised during pr....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
