IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AMIT SETH

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ON THE 20 OF FEBRUARY, 2026 WRIT PETITION No. 3366 of 2026 KAILASH GUPTA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Abhishek Jat - Advocate for the petitioner.

Shri G.K. Agrawal -Govt. Advocate for respondents/State.

ORDER

1. Heard on the question of admission.

2. The instant writ petition filed under article 226 of Constitution of India seeks following reliefs:-

"(A) Quash and set aside the impugned order dated 21.03.2025 passed by the Sub-Divisional Officer (Revenue), Sheopur |in Appeal ‘Case No.143/Appeal/2024-25;

B. Quash and set aside the order dated 25.11. 2024 passed by the Tehisildar, Sheopur in Case No. 6/A-68/2024-25 under Section 248 of the Madhya Pradesh Land Revenue Code, 1959;

C. Quash and set aside the order dated 22.07.2024 passed by the Tehsildar, Sheopur, along with all consequential actions taken pursuant thereto, including the alleged demarcation proceedings dated 19.11.2024;

D. Declare that the petitioner is the lawful owner and peaceful possessor of land bearing Survey No. 375/2, total admeasuring 3 Bigha 13 Biswa, acquired through registered sale deeds dated 04.03.2020 and 14.10.2021, and that the allegation of encroachment upon Government land bearing Survey No. 387 is illegal and unsustainable;

E. Direct the respondents, if at all required, to conduct fresh and lawful demarcation of the petitioner’s land bearing Survey No. 375/2 only after issuing proper notice, associating the petitioner, and strictly in accordance with law, and only after considering both registered sale deeds of the-petitioner;

F. Restrain the respondents from taking any coercive action, including dispossession, demolition, or imposition/recovery of penalty, against the petitioner in pursuance of the impugned orders;

G. Pass any other order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice."

3. Learned counsel appearing for the petitioner submits that without following due process of law and without affording adequate opportunity of hearing, an order of eviction from the land in question in exercise of power under section 248 of M.P. Land Revenue Code, 1959 (for short "the MPLRC") was passed against the petitioner on 25-11-2024 by Tehsildar, Sheopur. The appeal preferred by the petitioner against the said order has been rejected by the Sub Divisional Officer vide order dated 21-3-2025. Learned counsel appearing for the petitioner submits that without holding proper demarcation, the petitioner has been held to be encroacher on the land in question, whereas if proper demarcation is conducted, then it would be revealed that the petitioner is not an encroacher on the government land.

4. On the other hand, learned counsel appearing for the respondent/States, submits that the perusal of the order dated 25-11-2024 passed by the Tehsildar (P/10), would indicate that earlier demarcation of the land in question was conducted which was challenged by the petitioner before the Sub Divisional Officer. The Sub Divisional Officer, deferred the proceedings under section 248 of the MPLRC and directed the Tehsildar to hold a demarcation afresh by a duly constituted team. He submits that pursuant thereto, a team of eight revenue officers was constituted by the Tehsildar and the demarcation report was obtained after due opportunity of hearing to the petitioner, as is evident from the notice dated 6.11.2024 filed with the petition itself. The Tehsildar passed the final demarcation order dated 19.11.2024, wherein the petitioner was found to be encroacher on the government land in question. The aforesaid order dated 19.11.2024 was not challenged by the petitioner any further before the competent authority in terms of section 129 (5) of the MPLRC and now having been unsuccessful in the appeal against the order of eviction passed in section 248 of MPLRC, in the instant writ petition,