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2024 Supreme(Online)(MP) 30329

HIGH COURT OF MADHYA PRADESH
Kalu – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Mukesh Kumar Tare,Advocate General

ORDER

Heard on the question of admission and interim relief.

The present writ appeal has been preferred under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya(Khandpeeth Ko Appeal) Adhiniyam, 2005 against the order dated 13.12.2023, passed in W.P. No.30227/2023 whereby writ petition filed by the appellants has been dismissed.

2. Brief facts of the case in nutshell are that respondents no.6 filed an application for demarcation of land bearing Survey No. 253/2. The Tehsildar and Revenue Inspector were directed to conduct the demarcation and notices were issued to the adjacent land owners as well as the appellants. Appellants refused to accept the notice and demarcation was done and moka panchnama and spot inspection reports were prepared wherein appellants were found to be encroachers. Proceedings u/S 250 of the M.P. Land Revenue Code(referred to as "MPLRC" hereinafter) were initiated against the appellants by filing an application before the Tehsildar. Appellants objected the validity of the order passed u/S 129 of the MPLRC on the ground that Patwari is not the competent authority to pass such order and before carrying out demarcation, notices were not served to the appellan

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