IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

ON THE 10^th OF FEBRUARY, 2023

WRIT PETITION No. 3441 of 2023

BETWEEN:-

RAMSEWAK S/O SHRI DAMODAR PRASAD, AGED

ABOUT

58

YEARS, OCCUPATION: AGRICULTURIST,

RESIDENT

OF

PURANI

GHASMANDI

SANTAR

3

SABALGARH (MADHYA PRADESH)

.....PETITIONER

(BY SHRI VIVEK KHEDKAR - ADVOCATE)

AND

1.

STATE OF MADHYA PRADESH THROUGH ITS

PRINCIPAL SECRETARY, LAW AND LEGISLATIVE

DEPARTMENT,

VALLABH

BHAWAN,

BHOPAL

(MADHYA PRADESH)

2.

COLLECTOR CUM LAND ACQUISITION OFFICER,

DISTRICT MORENA (MADHYA PRADESH)

3.

ADDITIONAL

SESSION

JUDGE SABALGARH

DISTRICT MORENA (MADHYA PRADESH)

.....RESPONDENTS

(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR STATE)

This petition coming on for hearing this day, the court passed the

following:

ORDER

The present petition under Article 226 of the Constitution of India has

been preferred by the petitioner against the inaction on the part of the

Respondents/authorities in not demarcating the land of the petitioner and the

petitioner apprehends that the adjacent land which has been marked for

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construction of District Court Building, under the garb of that, the Revenue

Authorities may encroach upon the land of the petitioner, as there is no

demarcation of his land till date after he had purchased the land vide registered

sale deed dated 19.11.2010.

Learned counsel for the petitioner submits that on 06.02.2023, the

petitioner moved an application for demarcation of his land as per the

provisions contained under Section 129 of the Madhya Pradesh Land Revenue

Code, 1959 (in short "the MPLRC") and without taking action on the said

application, the Respondents are trying to encroach upon his land and raise a

construction over the said land under the garb of constructing the District Court

Building on the adjacent survey number. He further submits that if his

application for demarcation of the land is not decided, the Respondents may

enter his land for construction of District Court Building and raise a

construction there, due to which, he may suffer irreparable loss. On the strength

of aforesaid argument, he prays that a direction may be issued to the Revenue

Authorities to get his land demarcated as per the area mentioned in the

registered sale deed dated 19.11.2010 as expeditiously as possible. If such

direction is issued, the grievance of the petitioner would be redressed.

Per contra, learned Government Advocate submits that the provisions

under Section 129 of the MPLRC are self-contained and since the petitioner

had already approached the Revenue Authorities, the Revenue Authorities

would take action on that application and would demarcate the land as per the

area mentioned in the sale deed dated 19.11.2020. He further submits that on

mere apprehension no writ can be issued and the better course for the petitioner

would approach the Revenue Authorities afresh, if his application for

demarcation of the land is not decided yet.

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Heard the counsel for the parties.

For ready reference, provisions of Section 129 of the MPLRC, read as

under:-

"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 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 to the Tahsildar in such manner as may

be prescribed. The demarcation report shall also include

the particulars of the possession, if any, or any person

other than the Bhumisw