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2025 Supreme(MP) 530

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
AMIT SETH
Amit Pratap Singh Kushwah – Appellant
Versus
State Of Madhya Pradesh – Respondent


Advocates Appeared:
For the Appellant :Shri Harish Dixit, Sr. Advocate assisted by Shri S.K. Shrivastava, Adv.
For the Respondents:Shri Vivek Khedkar, Sr. Advocate/Additional Advocate General assisted by Shri Rishabh Singh – Advocate, Shri Bhupendra Singh Dhakad Adv.

Judgement Key Points

Key Points: - The court held that judicial review is limited to examining the decision-making process, not the merits of the demarcation decision (!) (!) . - The petitioner’s challenge to initiation without a formal application or fee was rejected; the court affirmed that demarcation of government land may proceed without a formal application or fee in certain executive contexts (!) (!) . - The demarcation proceedings were conducted with a team constituted by the Collector and included TEHSILDAR and other officials, in accordance with Rule 7 of the Madhya Pradesh Bhu-Rajaswa Sanhita Simankan Niyam, 2018; notices and presence of officials were found to satisfy due process (!) (!) (!) (!) (!) . - The demarcation report identified encroachment and used an old well as the permanent mark for boundary; objections were considered and decided by the Tehsildar, with further review orders up to the Collector (!) (!) (!) (!) . - Courts cited precedents limiting interference in demarcation matters where procedures were followed and objections adequately addressed (!) (!) . - The petition was dismissed; the petitioner may pursue civil proceedings separately if desired (!) (!) .

What is the scope of judicial review under Article 226 in reviewing demarcation proceedings under the MP Land Revenue Code, 1959?

What is the legality of initiating demarcation without a formal application or payment of fees under Section 129 and related Rules?

What is the proper authority and process for constituting a demarcation team and issuing notices for demarcation in government land cases?


ORDER :

AMIT SETH, J.

1. With the consent of parties, the matter is heard finally.

2. The instant writ petition filed under Article 226 of the Constitution of India takes exception to the order dated 12.09.2024 (Annexure-P/2) passed by respondent No.4, whereby the demarcation in respect of the government land bearing Khasra Nos.2711, 2715 situated at Tehsil Lahar, District Bhind, has been allowed and the demarcation report submitted has been accepted.

3. Petition also challenges the order dated 18.08.2025 (Annexure- P/1) passed by respondent No.3, whereby the application submitted by the petitioner against the order dated 12.09.2024 in terms of provisions contained under Section 129(5) of the M.P. Land Revenue Code, 1959, has been rejected.

4. The facts leading to filing of the present writ petition are as under:

4.1Petitioner herein claims himself to be the owner of the property situated on the land bearing Survey No.2729, Lahar, District Bhind, which is stated to have been purchased by him vide sale deed dated 23.03.1993. It is the case of the petitioner that under the political influence, a complaint came to be filed by one Ex-Councillor of Ward No.12 before the Collector, Bhind that

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