As the controversy involved in all these petitions is identical,

therefore, they are being decided by this common order. For the sake of

convenience, the facts narrated in W.P.No.13204/2022 are being taken

-4-

into consideration.

2. The private respondents approached the Tehsildar under Section 129

of the Madhya Pradesh Land Revenue Code, 1959 seeking demarcation

of boundaries of their land with an allegation that the present petitioners

have encroached their land. The Tehsildar directed for demarcation

through Revenue Inspector, who conducted the demarcation and

submitted the report to the Tehsildar in favor of the petitioners. The

Tehsildar under Sub-Section (4) of section 129 of MPLRC has

confirmed the said demarcation report.

3.

After nine months, the respondents exercised their right of appeal

under Section 129 (5) of the MPLRC by filing an appeal before the

SDO. The appeal was taken up on 03.09.2020 by the Sub-Divisional

Officer, Sendhwa and on very first date passed an order under Section

129 (5) & (6) of the MPLRC for fresh demarcation. When the

petitioners received the notice of the demarcation, they reached to the

spot and thereafter submitted an objection before the SDO. Meanwhile,

the newly constituted team conducted a demarcation and submitted a

report to the SDO. Since, the report was against the present petitioners,

therefore, they submitted an objection. The SDO considered the report

and objection and held that these petitioners are in possession of the

land belonging to the private respondents and directed to the Tehsildar

to remove them and possession be handed over to the respondents.

Thereafter, the proceeding under Section 250 of the MPLRC has been

initiated. The petitioners filed this petition in which this Court has

directed to maintain the status-quo.

4.

Inter alia the petitioners have assailed the impugned order on the

-5-

ground that the SDO has not followed the procedure prescribed under

sub-section (6) of section 129 of the MPLRC.

5.

On the very first day after filing the appeal the order of fresh

demarcation has been passed without giving any opportunity of hearing

to the petitioners. Thereafter, the SDO affirmed the demarcation under

sub-section (7) of section 129 of the MPLRC against which the

petitioners have no remedy of appeal or revision by virtue of sub-section

(8) of section 129 of the MPLRC, therefore, there is misuse of process

of law and the impugned order is liable to be set aside.

6.

Shri Kibe, learned counsel appearing for the respondents

submits that even if the order of fresh demarcation has been passed by

the Sub-Divisional Officer, the petitioners participated in the

demarcation proceeding and thereafter submitted the report. The SDO

has consider the report and objection in detail and passed the order,

therefore, no prejudice has been caused to the petitioners by not giving

notice to them before directing for fresh demarcation.

7.

Shri Dubey, learned Panel Lawyer appearing for the

respondent/State has argued in support of the impugned order by

submitting that the petitioners have been found encroached in the land

and the order passed by the SDO is not liable to be interfered.

Section 129 of the Madhya Pradesh Land Revenue Code, 1959

is reproduced below:-

“129. Demarcation of boundaries of survey number or sub-

division of survey number or block number or plot number-

(1) The Tahsildar may, on application of a party depute a

Revenue Inspector or Nagar Sarvekshak to demarcate the

boundaries of a survey number or of a sub-division of

-6-

survey number or of a block number or of a plot number

and construct boundary marks thereon.

(2) The Revenue Inspector or Nagar Sarvekshak so

deputed shall, after giving notice to parties interested

including the neighbouring land holders, demarcate the

boundaries of a survey number or of a sub-division of

survey number or of a block number or of a plot number,

construct boundary marks thereon and submit a

demarcation report