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J.K.MAHESHWARI
Tariq Mohd. Khan – Appellant
Versus
State of M. P. – Respondent
1. This petition has been filed challenging demarcation report submitted by the respondents-State in furtherance to the order dated 11.4.2017 passed in Writ Petition No. 16555/2011.
2. The claim of the petitioner in the said petition was that for a part of Khasra No. 1413 the civil Court granted a decree to the extent of 4150 sq. yard of land in their favour, however, the construction of the road made on the said piece of land, without acquisition of the land is illegal. Initially stay was granted in the said case by this Court to not to construct the road on the said piece of land, but, on 11.4.2017, the said stay order was modified directing for demarcation of the said piece of land i.e. 4150 sq. yard of Kh. No. 1413. Thereafter, a report has been submitted by the respondents, which has been challenged in this petition on the ground that the officers as specified in the order dated 11.4.2017 were not present on the spot. More so, it is not specified in the report that as to where the said piece of land i.e. 4150 sq. yard is situated in Kh. No. 1413. In absence thereto, making demarcation is of no avail except to say before the Court that 4150 sq. yard of land to which the dec
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