IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA th ON THE 6 OF SEPTEMBER, 2023 WRIT PETITION No. 21236 of 2023 BETWEEN:-

1. SMT. DRAUPADI @ CHHAYA W/O VINAY KUMAR, AGED ABOUT 40 YEARS, OCCUPATION: AGRICULTURIST VILLAGE ATWAS TEHSIL SATWAS DISTRICT DEWAS (MADHYA PRADESH)

2. VINAY KUMAR S/O RADHAKISHAN RATHI, AGED ABOUT 45 YEARS, OCCUPATION: AGRICULTURE ATWAS, TEH. SATWAS DIST. DEWAS (MADHYA PRADESH)

.....PETITIONER ( BY SHRI RAKESH KUMAR SHARMA- ADVOCATE)

AND

1. MURLIDHAR S/O MADANLAL RATHI, AGED ABOUT 64 YEARS, OCCUPATION: AGRICULTURIST VILLAGE ATWAS TEHSIL SATWAS DISTRICT DEWAS (MADHYA PRADESH)

2. UPPER COLLECTOR DEWAS, DIST. DEWAS (MADHYA PRADESH)

3. SUB DIVISIONAL OFFICER REVENUE KANNOD DIST. DEWAS (MADHYA PRADESH)

4. TEHSILDAR SATWAS, DIST. DEWAS (MADHYA PRADESH)

.....RESPONDENTS ( STATE BY MS. PRANJALI YAJURVEDI-GA)

This petition coming on for admission this day, the court passed the following:

ORDER

Signature Not Verified Signed by: AMOL Present petition is filed against the order dated 05/06/2023 passed by the Upper Collector, District-Dewas whereby the order passed by Sub-Divisional Officer, Kannod, District - Dewas dated 03/04/2023 condoning the delay under section 5 in appeal has been set aside.

2. Counsel for the petitioners submits that the respondent/s filed an application for demarcation under section 129 of M.P. L.R.C and the said application was allowed without giving notice to the petitioners. The petitioners challenged the said order before Sub-Divisional Officer, Kannod, District - Dewas by filing application under section 129(5) of MPLRC along with an application for condonation of delay. By the order dated 03/04/2023, the SDO (Revenue), Kannod, District-Dewas allowed the application and condoned the delay. Against the said order, the respondent/s filed revision before the Upper Collector, District - Dewas, who has set aside the said order.

3. Learned counsel for the petitioners submits that the Revisional Court has committed an error while setting aside the order without considering the fact that the order of demarcation was passed without notice to the petitioners, and therefore, the delay in filing appeal was due to bonafide reason.

.

4. Learned counsel for the State supports the order impugned.

5. After hearing learned counsel for the parties and taking into consideration the contention of learned counsel for the petitioners that the order of demarcation was passed without notice to the petitioners, therefore, the SDO has rightly allowed the application. The impugned order dated 05/06/2023 passed by Upper Collector, Dewas is set aside. The SDO ( Revenue), Kannod, District- Dewas is directed to decide the matter on merit after hearing both the parties in accordance with law.

Signature Not Verified Signed by: AMOL C c as per rules.

(VIJAY KUMAR SHUKLA)

JUDGE amol Signature Not Verified Signed by: AMOL