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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
GURPAL SINGH AHLUWALIA, DINESH KUMAR PALIWAL
Firoj Khan S/o Salim Khan – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
1. This writ appeal under Section 2 of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Ahdiniyam, 2005 has been filed against the orders dated 29.08.2023 and 04.03.2024 passed by the Learned Single Judge in W.P.No.17864/2022.
2. It is the case of the appellant that the learned Single Judge by order dated 29.08.2023 had directed for demarcation of Khasra No.2138/1 and 2139 through the revenue authorities through TSM machine.
3. The demarcation was done on 27.09.2023. However, no notice was given to the petitioner prior thereto. In the demarcation done on 23.09.2023, it was found that the petitioner has encroached upon the some part of Khasra No.2139 by constructing a shop. Accordingly, the learned Single Judge by order dated 04.03.2024 has held that seven encroachers have been identified and let all the encroachment be removed within seven days, if there is no legal impediment in the same.
4. Challenging the aforesaid both the orders, it is submitted by counsel for appellant that the appellant was not served with a notice prior to the demarcation done on 27.09.2023. Furthermore, the petitioner is the owner of Khasra No.1803/2/3/1 but it is fairly conceded that th
Only parties aggrieved by a judgment, with rights adversely affected, can appeal, and mere psychological injury is insufficient for standing.
The plaintiff's appeal against the dismissal of her suit was rejected as the demarcation report showed lawful encroachment on government land.
The principles of natural justice require proper notice and opportunity to be heard before decisions affecting rights are made; failure to comply invalidates proceedings.
Land disputes regarding demarcation must be resolved by the competent authority, ensuring no coercive actions are taken against rightful possessors pending appeal decisions.
The court held that failure to provide notice and opportunity for hearing in demarcation proceedings violated natural justice, rendering the ex parte orders illegal and subject to procedural recall.
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