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 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.

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 Bhumiswami on the land demarcated.

(3) For carrying out the demarcation the Revenue Inspector or Nagar Sarvekshak may take the assistance of such agency and in such manner as may be prescribed.

(4) On the receipt of the demarcation report, the Tahsildar may, after giving opportunity of hearing to the parties interested including the neighbouring land holders, confirm the demarcation report or may pass such order as he thinks fit.

(5) A party aggrieved by the confirmation of demarcation report under sub-section (4), may apply to the Sub-

Divisional Officer to set it aside or any of the following grounds :(a) that he was not given notice required under sub-section (2) or opportunity of hearing under sub-section (4); or(b) any other sufficient ground :Provided that such application shall not be entertained after the e