ORDER

By the present petition, the petitioner has challenged the order dated 19.07.2023 passed by Sub-Divisional Officer Tehsil Raipur Karchuliyan, District-Rewa, whereby the Sub-Divisional Officer upheld the order passed by Tehsildar under Section 248 of MPLRC. The petitioner has also challenged the order passed by Additional Commissioner Rewa, Division Rewa dated

04.04.2024, whereby the Additional Commissioner has upheld the order passed by Tehsildar and SDO.

2. Learned counsel for petitioner submits that the petitioner is the owner of land bearing Nos. 434/1 and 435/1/1 which are adjacent to the land bearing Survey No. 436 which is government land admeasuring 0.735 hectare situated at village Budhiya District Raipur Karchuliyan District Rewa.

3. Upon the allegation of encroachment upon a part of land bearing Survey No. 436 admeasuring 43X40 Sq. Ft., the proceeding under Section 248 of MPLRC were initiated against the petitioner and culminated into the order of eviction by Tehsildar dated 02.09.2022. The order passed on the ground that the petitioner has constructed one Kaccha house and boundary upon the encroached land. The order was challenged by the petitioner before SDO and, thereafter, before the Additional Commissioner unsuccessfully.

4. Learned counsel for petitioner submits that the petitioner has not encroached any part of land bearing Survey No. 436 and the Patwari has submitted the report for initiation of the proceedings under Section 248 of MPLRC against the petitioner without carrying out the demarcation proceedings. He further submits that on 27.02.2024, the petitioner has moved an application for demarcation, which is still pending.

5. Learned counsel for petitioner submits that respondent be directed to carry out the demarcation before dispossessing the petitioner and if any part of land bearing Survey No. 436 is found in possession of the petitioner in demarcation, the petitioner without challenging the same will surrender the possession to Revenue Officer. He prays for issuance of necessary direction in this regard.

6. Learned Panel Lawyer on behalf of State opposed the prayer. He submits that petitioner has lost the case before Tehsildar, SDO and Additional Commissioner and there is no illegality or perversity in the orders passed by Revenue Courts. The petitioner cannot raise the disputed question of facts before this Court under Article 226/227 of the Constitution of India.

7. Considering the fact that the petitioner is ready to surrender the possession voluntarily, if upon demarcation it is found that he is in possession of any part of land bearing Survey No. 436, the direction is issued to Tehsildar Tehsil Raipur Karchuliyan District-Rewa to carry out the demarcation proceedings before execution of order passed under Section 248 of MPLRC and if it is found that the petitioner is in possession of any part of land bearing Survey No. 436, the petitioner will surrender the same without raising any further objection. The demarcation be carried out in the presence of petitioner.

8. With the aforesaid, present petition is disposed of. (VINAY SARAF) JUDGE Shub