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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VISHAL MISHRA
Lalit Maheshwari – Appellant
Versus
Meena Devi – Respondent
Key Points: - The court condoned a 29-day delay in filing the Section 129(5) application and remanded for merits reconsideration by the Sub-Divisional Officer. (!) (!) - The impugned order rejecting the delay condonation (merits) was set aside and the matter remanded to the Sub-Divisional Officer to decide on merits within 60 days. (!) - Until final decision on the Section 129(5) application, the Section 250 proceedings shall be kept in abeyance. (!) - Respondents are at liberty to raise all objections before the Sub-Divisional Officer. (!) - The petition is disposed of with no order as to costs. (!)
ORDER :
1. This petition has been filed against the order dated 13/03/2025 passed by the respondent No.11/SDO, whereby the objection of the application preferred by the petitioners under Section 129(5) of MPLRC, 1959 has been rejected on the ground of delay.
2. It is the case of the petitioners that respondents No.1 to 3 have preferred an application under Section 129 of MPLRC before the concerned Tehsildar seeking demarcation of suit land. It is submitted that the concerned Tehsildar directed the Revenue Inspector/Patwari to conduct the demarcation of the suit lands. Thereafter, the Revenue Inspector prepared a panchnama and a report, whereby he found that the petitioners and respondents 5 to 10 are encroachers over the 0.033 hectare area of the suit lands. Respondents 1 to 3 filed an application under Section 250 of MPLRC seeking vacant possession of the alleged encroachment on the 8 shops of suit lands. Thereafter, petitioners preferred an application under Section 129(5) MPLRC before respondent No.11 against the aforesaid demarcation proceedings along with an application for condonation of delay. Respondent No.11 passed the impugned order rejecting the application filed by the pe
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.
Failure to consider objections raised under Section 129 (5) of the M.P. Land Revenue Code, 1959 before passing the impugned final order.
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