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Powers of Tehsildars under MPLRC - The MPLRC (Madhya Pradesh Land Revenue Code) grants specific powers to Tehsildars, which were originally vested in the Sub-Divisional Officer (SDO). As per notification dated 27.06.1968, the State Government conferred upon Tehsildars the powers previously held by SDOs under Section 89 of MPLRC (formerly Section 87). This indicates that Tehsildars are authorized to exercise certain administrative functions related to land disputes and revenue matters ["Prem Narayan Sharma vs The State Of Madhya Pradesh - Madhya Pradesh"].
Section 129 of MPLRC and Demarcation Proceedings - Section 129 pertains to demarcation of land boundaries. Parties can approach Naib Tehsildar under this section, but only at specific stages—primarily during objections under Sections 129(4) and 129(5). The proceedings involve demarcation reports, and appeals against such orders are limited; only after demarcation confirmation can parties seek review under Section 129(5). The Sub-Divisional Officer (SDO) has the authority to conduct or review demarcations, but must follow procedural mandates, including giving parties an opportunity for hearing as per Sub-section (6). Misuse of process, such as bypassing procedural steps, can lead to orders being set aside ["Vasimullah Pathan vs The State Of Madhya Pradesh - 2024 Supreme(Online)(MP) 13180"], ["Smt. Kanchan Motiani vs The State Of Madhya Pradesh - Madhya Pradesh"], ["Smt. Anubai vs The State Of Madhya Pradesh - Madhya Pradesh"], ["Smt. Anubai vs The State Of Madhya Pradesh - Madhya Pradesh"], ["Smt. Anubai vs The State Of Madhya Pradesh - Madhya Pradesh"].
Appeals and Revisions under MPLRC - The MPLRC provides a structured appellate process. Appeals against orders of Tehsildars or SDOs can be filed under Sections 44 and 50. However, Section 50(4) restricts revision petitions against orders that are appealable, limiting the scope of revisional jurisdiction. Revisions are only maintainable against non-appealable orders, and the Board of Revenue's review powers, derived from Section 51, are also subject to these limitations ["Kanhaiyalal vs Tulsiram - Madhya Pradesh"], ["Tukojirao Puar vs The Board Of Revenue 2 Ors. - Madhya Pradesh"], ["Gokulchand Nigam vs The State Of Madhya Pradesh - 2023 Supreme(Online)(MP) 643"], ["Govind vs The State Of Madhya Pradesh - 2022 Supreme(Online)(MP) 79"].
Jurisdiction and Limitations - Certain provisions, such as Section 115, empower Tehsildars to correct land records suo motu, but only after proper inquiry and opportunity to all parties interested, ensuring adherence to principles of natural justice. Applications under Sections 115 and 116 must be correctly filed, and procedural irregularities, such as improper nomenclature or missing parties, can render orders illegal ["Smt. Savitri Bai vs Narayan Prasad - Madhya Pradesh"], ["Pappu vs The State Of Madhya Pradesh - 2022 Supreme(Online)(MP) 5098"].
Legal Interpretation and Procedural Compliance - The courts have emphasized strict compliance with procedural provisions, especially regarding opportunity to be heard and following statutory stages of appeals or objections. Orders passed without adhering to procedural mandates, such as failing to give parties a chance to object at proper stages, are liable to be set aside for misuse of law ["Smt. Anubai vs The State Of Madhya Pradesh - Madhya Pradesh"], ["Smt. Anubai vs The State Of Madhya Pradesh - Madhya Pradesh"].
Analysis and Conclusion:The MPLRC delineates clear procedural and substantive powers for Tehsildars, SDOs, and appellate authorities. Proper adherence to Sections 129, 50, 51, and related provisions is essential to uphold legality and prevent misuse. Orders passed in violation of statutory procedures—such as bypassing stages of appeal or ignoring parties' rights—are vulnerable to legal challenge. The legal framework emphasizes procedural fairness, especially in demarcation and land record correction proceedings, with strict limits on revising or appealing orders outside prescribed channels.
References:- ["Prem Narayan Sharma vs The State Of Madhya Pradesh - Madhya Pradesh"]- ["Vasimullah Pathan vs The State Of Madhya Pradesh - 2024 Supreme(Online)(MP) 13180"]- ["Smt. Kanchan Motiani vs The State Of Madhya Pradesh - Madhya Pradesh"]- ["Smt. Anubai vs The State Of Madhya Pradesh - Madhya Pradesh"]- ["Smt. Anubai vs The State Of Madhya Pradesh - Madhya Pradesh"]- ["Smt. Anubai vs The State Of Madhya Pradesh - Madhya Pradesh"]- ["Kanhaiyalal vs Tulsiram - Madhya Pradesh"]- ["Tukojirao Puar vs The Board Of Revenue 2 Ors. - Madhya Pradesh"]- ["Gokulchand Nigam vs The State Of Madhya Pradesh - 2023 Supreme(Online)(MP) 643"]- ["Govind vs The State Of Madhya Pradesh - 2022 Supreme(Online)(MP) 79"]- ["Smt. Savitri Bai vs Narayan Prasad - Madhya Pradesh"]- ["Pappu vs The State Of Madhya Pradesh - 2022 Supreme(Online)(MP) 5098"]
Land disputes in Madhya Pradesh often revolve around boundaries, ownership, and possession. A common query among landowners is: MPLRC में demarcation proceeding में sale deed या possession का objection उठा सकते हैं? (Can objections to sale deeds or possession be raised in demarcation proceedings under the Madhya Pradesh Land Revenue Code?). This question touches on the delicate balance between revenue authorities' roles and civil courts' jurisdiction. In this post, we break down the legal position, drawing from key judicial interpretations to provide clarity.
Understanding the limits of demarcation proceedings can save time, costs, and frustration. Typically, these processes focus narrowly on physical boundaries, not deeper title or possession issues. Let's dive into the details.
The Madhya Pradesh Land Revenue Code, 1959 (MPLRC) governs land revenue matters, including boundary demarcation. Section 129 empowers revenue officers, like the Tahsildar, to initiate demarcation upon an application from interested parties. The core purpose? Identifying and marking survey boundaries on the ground.
The standard procedure includes:- Filing an application by an interested party Kanchan Motiani W/o Shri Satish Motiani VS State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) - 2024 0 Supreme(MP) 564.- Appointment of a Revenue Inspector to conduct demarcation and submit a report Kanchan Motiani W/o Shri Satish Motiani VS State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) - 2024 0 Supreme(MP) 564.- The Tahsildar reviews the report, provides an opportunity for hearing to all interested parties (including neighbors), and confirms the demarcation Kanchan Motiani W/o Shri Satish Motiani VS State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) - 2024 0 Supreme(MP) 564.
This process is primarily concerned with boundary demarcation rather than title or possession disputes Kanchan Motiani W/o Shri Satish Motiani VS State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) - 2024 0 Supreme(MP) 564. Revenue authorities are not equipped—or authorized—to adjudicate ownership claims at this stage.
A critical limitation: Demarcation under Section 129 is limited to boundary demarcation and does not inherently decide ownership or possession Kanchan Motiani W/o Shri Satish Motiani VS State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) - 2024 0 Supreme(MP) 564. Objections related to sale deeds (especially those executed via power of attorney) or possession disputes fall outside this scope.
Courts have consistently held that objections to the sale-deed or possession are not entertained at the initial demarcation stage and should be raised in civil courts or through appeal under specific provisions Kanchan Motiani W/o Shri Satish Motiani VS State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) - 2024 0 Supreme(MP) 564. For instance, revenue authorities cannot entertain objections related to sale-deeds or possession disputes at the demarcation stage Kanchan Motiani W/o Shri Satish Motiani VS State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) - 2024 0 Supreme(MP) 564.
Why? The revenue officer's role is administrative—fixing boundaries based on records—not judicially resolving title conflicts. Raising extraneous objections can lead to procedural irregularities, rendering orders unsustainable Anubai VS State of M. P. - 2023 0 Supreme(MP) 309.
If demarcation isn't the place, where do you go?- Civil Courts: Ideal for title, sale deed validity, or possession challenges. Revenue proceedings don't bar subsequent civil suits unless specific MPLRC sections apply, like Section 257 Premlata @ Sunita VS Naseeb Bee - 2022 4 Supreme 90.- Appeals under MPLRC: Limited to statutory grounds under Section 129(4) and 129(5). No appeal or revision lies against certain SDO orders under Section 129(6) or 129(8) Nandram vs The State Of Madhya Pradesh Through Prinicpal Secretary Department Of Revenue - 2024 Supreme(Online)(MP) 41479.
In one case, defendants couldn't approbate and reprobate: After succeeding on a jurisdiction objection before the Tehsildar (dismissing under Section 250 MPLRC due to title dispute), they couldn't later claim the civil suit was barred by Section 257 Premlata @ Sunita VS Naseeb Bee - 2022 4 Supreme 90. The Supreme Court restored the suit, noting: Respondents-original defendants cannot be permitted to take two contradictory stands before two different authorities/courts Premlata @ Sunita VS Naseeb Bee - 2022 4 Supreme 90.
This underscores that revenue authorities lack jurisdiction over title disputes, pushing such matters to civil forums.
For proceedings to hold water, strict adherence to Section 129 is mandatory:- Opportunity for hearing before confirmation Kanchan Motiani W/o Shri Satish Motiani VS State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) - 2024 0 Supreme(MP) 564.- Report submission and review Kanchan Motiani W/o Shri Satish Motiani VS State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) - 2024 0 Supreme(MP) 564.- Appeals only on prescribed grounds Biharilal vs Pallu - 2023 Supreme(Online)(MP) 19581.
Orders bypassing these—especially ignoring sale/possession objections improperly—are liable to be set aside Anubai VS State of M. P. - 2023 0 Supreme(MP) 309. Courts may direct restoration for fresh demarcation, with parties appearing before the revenue officer Kanchan Motiani W/o Shri Satish Motiani VS State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) - 2024 0 Supreme(MP) 564.
Relatedly, revisional powers persist despite omissions like Section 172 MPLRC, allowing challenges to final orders SAGAR VIJAYVHARIGIYA vs THE STATE OF MADHYA PRADESH AND OTHERS - 2025 Supreme(Online)(MP) 5733. The court clarified: Revisional authority retains jurisdiction despite omitting relevant provisions, allowing petitions to challenge final orders SAGAR VIJAYVHARIGIYA vs THE STATE OF MADHYA PRADESH AND OTHERS - 2025 Supreme(Online)(MP) 5733.
Judicial precedents reinforce boundaries:- Demarcation objections on sale/possession are irrelevant; challenge via civil remedies Kanchan Motiani W/o Shri Satish Motiani VS State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) - 2024 0 Supreme(MP) 564.- Revenue can't decide title; Tehsildar rightly dismissed under Section 250 MPLRC Premlata @ Sunita VS Naseeb Bee - 2022 4 Supreme 90.- Appeals under Section 129(5) are confined to statutory grounds Biharilal vs Pallu - 2023 Supreme(Online)(MP) 19581.
On reviews, Board of Revenue powers under Section 51 MPLRC may apply to orders under delegated acts, but not as appeals in disguise Tukojirao Puar (Deceased) Through L. Rs. Shrimant Gayatri Raje Puar VS Board of Revenue - 2020 Supreme(MP) 941Tukojirao Puar (Dead) Through LRs Shrimant Gayatri Raje Puar VS Board of Revenue - 2020 Supreme(MP) 44. For example: Review is by no means appeal and erroneous decision cannot be set aside in review Tukojirao Puar (Deceased) Through L. Rs. Shrimant Gayatri Raje Puar VS Board of Revenue - 2020 Supreme(MP) 941. Such powers are limited to errors apparent on record, not re-hearing merits.
Amendments, like to Section 89, apply prospectively; pre-amendment applications merit decision on existing laws Daulat Singh VS State of M. P. - 2020 Supreme(MP) 1102.
Not all objections are barred:- Boundary marks or pure demarcation disputes? Yes, entertainable Kanchan Motiani W/o Shri Satish Motiani VS State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) - 2024 0 Supreme(MP) 564.- Title/possession/sale deeds? No—civil courts Kanchan Motiani W/o Shri Satish Motiani VS State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) - 2024 0 Supreme(MP) 564.
Revenue jurisdiction shines in boundary identification, but defers to civil courts for substantive rights.
To navigate effectively:- File demarcation applications solely for boundaries; avoid mixing title claims Kanchan Motiani W/o Shri Satish Motiani VS State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) - 2024 0 Supreme(MP) 564.- Raise sale/possession objections in civil suits or appropriate MPLRC appeals Kanchan Motiani W/o Shri Satish Motiani VS State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) - 2024 0 Supreme(MP) 564.- Ensure revenue officers follow hearing/confirmation protocols; challenge procedural lapses Anubai VS State of M. P. - 2023 0 Supreme(MP) 309.- If proceedings close on extraneous grounds, seek restoration Kanchan Motiani W/o Shri Satish Motiani VS State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) - 2024 0 Supreme(MP) 564.
Consult a local expert, as specifics vary by facts.
Under MPLRC, demarcation via Section 129 prioritizes boundary demarcation over ownership battles. Objections to sale deeds or possession generally belong in civil courts, preserving revenue processes' efficiency. Key takeaways:- Boundary focus: Section 129 ≠ title resolution Kanchan Motiani W/o Shri Satish Motiani VS State Of Madhya Pradesh Principal Secretary Vallabh Bhawan, Bhopal (Madhya Pradesh) - 2024 0 Supreme(MP) 564.- Jurisdictional lines: Revenue for boundaries, civil for possession/title Premlata @ Sunita VS Naseeb Bee - 2022 4 Supreme 90.- Procedure matters: Hearings mandatory; skips invalidate orders Anubai VS State of M. P. - 2023 0 Supreme(MP) 309.
This is general information based on judicial trends and not specific legal advice. Laws evolve; consult a qualified lawyer for your case.
Stay informed on Madhya Pradesh land laws to protect your rights effectively.
#MPLRCLaw, #LandDemarcation, #MadhyaPradeshLand
MPLRC. ... (new section 89 of MPLRC) on all Tehsildars. ... From bare reading of Section 89 of MPLRC, it appears that the original authority under Section 89 of MPLRC is Sub-Divisional Officer. 10. Section 24 of MPLRC prior to substitution by M.P. ... As per notification dated 27.06.1968, while exercising powers under Section 24(2) of MPLRC the powers conferred upon SDO under Section 87 of MPLRC (new 89 of MPLRC) had been conferred upon Tehsildars by....
It is further submitted by learned counsel for respondent No. 5 that as per Section 129(8) of the MPLRC, no appeal or revision lies against the order passed by the SDO under Section 129(6) of the MPLRC. ... The said application has been decided and thereafter no further remedy of appeal or revision under the MPLRC lies to the petitioners after suffering rejection under Section 129(5) of the MPLRC. 12. ... 250 of the MPLRC though, the said proceedings were not under challenge before the Additional Collec....
Section 129 of MPLRC is reproduced below: 129. ... The petitioner approached the Naib Tehsildar by way of application under Section 129 of the MPLRC, before the order could be passed under Section 129(1) & (2) of MPLRC the private respondents suo motu appeared and filed an objection under Order VII Rule 11 of CPC r/w Section 32 of MPLRC disputing ... The proceedings of Section 129 of MPLRC are hereby restored, parties are directed to appear before the Naib Tehsildar. The Naib Tehsildar is directed to i....
The petitioner approached the Naib Tehsildar by way of application under Section 129 of the MPLRC, before the order could be passed under Section 129(1) & (2) of MPLRC the private respondents suo motu appeared and filed an objection under Order VII Rule 11 of CPC r/w Section 32 of MPLRC disputing ... The proceedings of Section 129 of MPLRC are hereby restored, parties are directed to appear before the Naib Tehsildar. The Naib Tehsildar is directed to initiated and complete the proceedings under Section 129 of ....
MPLRC as the provision of section 172 of MPLRC has been omitted. 5. From a bare perusal of the provision of section 50 MPLRC , 1959. MPLRC . 3. Heard learned counsel for the parties and perused the record. 4.
It was further contended that under Section 115 of MPLRC, if Tehsildar suo motu finds some wrong or incorrect entries in the land record prepared under Section 114 of MPLRC, he is empowered to direct necessary corrections in the revenue record after making such inquiry as he deems fit. ... Learned counsel for the petitioners submits that an application under Section 115 of MPLRC filed by the respondents was not maintainable and the proper course to the respondents would have been to file an application under Section 116 of MPLR....
The Tehsildar accepted the said objection and dismissed the application under Section 250 of the MPLRC by holding that as the dispute is with respect to title the Revenue Authority would not have any jurisdiction under MPLRC. ... Thereafter the appellant herein preferred an appeal before the SDO under Section 44 of the MPLRC challenging the order passed by the Tehsildar. ... At the outset, it is required to be noted and it is not in dispute that the plaintiff instituted the proceedings before the Revenue Authority under Section 250 of the....
Learned counsel for the petitioner contends that an appeal under Section 129(5) of the MPLRC is confined to the statutory grounds which are Signature Not Verified available under Section 129(5)(a)(b) of the MPLRC whereas, the Sub Divisional Officer apart from the aforesaid statutory ground and on ... of the MPLRC which is evident from the perusal of operative paragraph of the order passed by Sub Divisional Officer dated 03.03.2023. ... Learned counsel for the petitioner also contends that when an appeal is moved before the Sub Divisiona....
131 of MPLRC in first appeal. ... Section 50(4) of MPLRC provides that no application for revision shall be entertained against an order appealable under this Code. ... From perusal of the impugned order, it appears that the Additional Collector, Mandsaur has dismissed the revision on the ground that the petitioner has availed the relief of first appeal under section 44 of MPLRC and there is no provision under section 50 of MPLRC to revise the order passed under section ... Against that order, the petitioner had preferr....
section 129 of the MPLRC. ... Sub-section (6) of section 129 of the MPLRC says that the Sub- Divisional Officer if he admits the application made under sub-section (1) of section 129 of the MPLRC then he shall give an opportunity ... 8) of section 129 of the MPLRC, therefore, there is misuse of process of law and the impugned order is liable to be set aside. ... The Tehsildar under Sub-Section (4) of section 129 of MPLRC has confirmed the said demarcation report. 3. ... The language of sub-se....
The learned SDO has not passed any order on merits rather on the basis of the repealed Act the application was disposed of. It is argued that the application is dealt by the SDO is under section 115 of MPLRC and the application was considered on merits. But he could not give justification to the effect that once the section 89 provisions have already been repealed then under which provisions the application should have been filed and whether the provisions should be applicable from prospective or retrospective effect. But he fairly submits that if the amendment is incorpora....
When any power and functions under any Central or State Act are conferred on the Board of Revenue by the State Government u/s. 7 of MPLRC, then its orders are covered by section 51 of the MPLRC. When the Board of Revenue has passed the order u/s. 41 or 42 of Ceiling Act, that would be an order passed u/s. 56 of the MPLRC by virtue of power conferred u/s. 7 of the MPLRC by State Government. In the case of N.K. Doongaji v. State of M.P. : 1980 RN 225 (High Court), the Board of Revenue has declined to review its own order passed in Excise Act, the Division Bench of this Court ....
When any power and functions under any Central or State Act are conferred on the Board of Revenue by the State Government u/s. In the case of N.K. Doongaji v. State of M.P. : 1980 RN 225 (High Court), the Board of Revenue has declined to review its own order passed in Excise Act, the Division Bench of this Court has held that section 51 read with section 56 of MPLRC together conferred the power of review in respect of any order made under the Code or any other enactment. 7 of MPLRC, then its orders are covered by section 51 of the MPLRC. When the Board of Revenue has passed....
Even if the Board of Revenue has borrowed the provision of section 51 of MPLRC in order to exercise the power of review, such review is maintainable only against the order passed under the MPLRC subject to sections 44 and 50 of the MPLRC. The Board of Revenue has exercised the power of review under the Ceiling Act in which there is no such provision for review like section 51 of the MPLRC. The provisions of section 51 of the MPLRC not attracted. Learned senior counsel for the petitioner also placed reliance over the judgment of this Court in the case of Ch....
The Board of Revenue has exercised the power of review under the Ceiling Act in which there is no such provision for review like section 51 of the MPLRC. Learned senior counsel for the petitioner also placed reliance over the judgment of this Court in the case of Chitra Rekha Bai @ Usha Devi v. Board of Revenue : 1995 RN 150 in which it has been held that the power of review is a creature of statute and the Ceiling Act does not confer any such power of review, hence, the same cannot be exercised. The provisions of section 51 of the MPLRC not attracted. Even if the....
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