IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE

20th OF JULY, 2024 WRIT PETITION No. 11500 of 2017 P.D. RAWAT Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Sandeep Koshta – Advocate for the petitioner.

Shri K.S.Baghel – Govt. Advocate for the respondent no.1.

Shri Pratimesh Jogi – Advocate for the respondent no.5.

ORDER

1. This petition under Article 227 of the Constitution of India has been filed against the order dated 10.6.2016 passed by the Board of Revenue in Case No.2727-2/2012 by which the application filed by the petitioner for demarcation of the land in dispute was rejected on the ground that since the buildings have been constructed, therefore, demarcation is not possible.

2. Challenging the order passed by the revenue courts, it is submitted by counsel for the petitioner that the petitioner moved an application for demarcation of Khasra No.1361/2789, 1362, 1365 and 1357/2790. However, the said application was rejected by the Tahsildar by order dated 20.7.2010 passed in Case No.139/A-12/2009-10 on the ground that buildings have been constructed over the land in dispute and demarcation by tape and chain is not possible.

3. Being aggrieved by the order passed by the Tahsildar, Rewa the petitioner preferred an appeal before the Addl. Collector, Tikamgarh which was registered as Revision No.71/2010-11 and the Addl. Collector, District Tikamgarh by order dated 23.2.2011 allowed the revision and remanded the matter back to the Tahsildar for demarcation. Accordingly, a team was constituted under the leadership of Superintendent, Land Record with Revenue Inspector, Rewa, Patwari, Tikamgarh, Patwari, Tikamgarh Kila, Patwari Shrinagar and Patwari, Madhuwan as its members. The Superintendent, Land Record, submitted its report that the complete demarcation could not take place because the tape and chain cannot be used on account of well as well as building. Accordingly, the Tahsildar, Tikamgarh by order dated 30.6.2012 passed in Case No.139/A-12/2009-10 rejected the incomplete demarcation and directed for conducting a fresh demarcation.

4. Being aggrieved by the said order, the respondents preferred a revision before the Board of Revenue and the Board of Revenue by order dated 10.6.2016 passed in Case No.2727-2/2012 held that on account of buildings, the demarcation by tape and chain was not possible and accordingly set aside the order dated 30.6.2012 passed by the Tahsildar, Rewa.

5. Challenging the order passed by the Board of Revenue, it is submitted by counsel for the petitioner that even if the demarcation with the help of tape and chain is not possible but nowadays a new method of carrying out demarcation is being adopted and demarcation can be carried out by TSM method.

6. Per contra, it is submitted by counsel for the respondents that facility of demarcation with TSM is not available in the State of Madhya Pradesh.

7. Heard the learned counsel for the parties.

8. Nowadays, Total Station Method is being adopted for carrying out demarcation, which is the most advanced system for demarcation.

9. This Court in the case of Jokhai Sahu Vs. General Manager and others, decided on 21.12.2023 in M.P.No.2819/2022 has held that “nowadays the demarcation is being done with the help of Total Stationed Method (TSM)

and for that purpose draining out of water would not be required”.

10. Counsel for the respondent could not point out as to how the buildings would obstruct in carrying out of demarcation by adopting Total Station Method (TSM).

11. Accordingly the order dated 10.6.2016 passed by the Board of Revenue in Case No.2727-two/2012 is hereby set aside. The Tahsildar, Tikamgarh is directed to get the demarcation done by adopting Total Station Method (TSM).

12. Parties are directed to appear before the Tashildar, Tikamgarh on

22.8.2024 and the Tahsildar, Tikamgarh shall fix a date for demarcation and no fresh notice shall be issued to any of the parties for the said purpose.

13. I