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Statutory Remedy Against an Order Passed Under Section 250 of MPLRC
If you've received an order under Section 250 of the Madhya Pradesh Land Revenue Code (MPLRC), 1959, you might be wondering: What is the statutory remedy against an order passed under Section 250 of MPLRC? This section typically deals with the restoration of possession to a Bhumiswami (landholder) when land is wrongfully occupied or encroached upon. It's a summary proceeding aimed at quick resolution of unauthorized possession issues. However, orders under this provision aren't final, and affected parties have specific remedies available. This post breaks down the options based on judicial precedents, helping you navigate your next steps.
Important Disclaimer: This article provides general information based on case law and is not legal advice. Legal situations vary by facts, and you should consult a qualified lawyer for personalized guidance.
Understanding Section 250 MPLRC
Section 250 empowers the Tahsildar (or relevant revenue authority) to evict unauthorized occupants from a Bhumiswami's land and restore possession. It's designed as a speedy remedy for dispossession, often without delving deeply into complex title disputes. Key features include:
- Application by the aggrieved Bhumiswami.
- Summary inquiry by the Tahsildar.
- Potential dispossession orders against encroachers.
However, these orders can be challenged if erroneous or if title issues arise. Courts have clarified that while Section 250 offers efficiency, it doesn't bar further remedies, especially for establishing ownership. Olpherts Private Ltd. Through Director B. D. Gautam, Katni VS Sarla Devi Mahila Mandal Through President Smt. Priyanka Yadav - 2024 Supreme(MP) 228
Primary Statutory Remedy: Appeal Under Section 44 MPLRC
The most direct statutory remedy against a Section 250 order is an appeal under Section 44 of the MPLRC to the Sub-Divisional Officer (SDO). This is highlighted in multiple judgments:
Although against the order of section 248 of the Code there is remedy of first appeal under section 44 of Code before SDO... Note: Some cases reference nearby sections like 248, but the principle applies analogously to Section 250. Olpherts Private Ltd. Through Director B. D. Gautam, Katni VS Sarla Devi Mahila Mandal Through President Smt. Priyanka Yadav - 2024 Supreme(MP) 228
In cases of dispossession, the aggrieved party must often exhaust this appeal before approaching higher courts under Article 226/227 of the Constitution. Failure to do so may lead to dismissal of writ petitions. Aman Sharma vs The State Of Madhya Pradesh - 2020 Supreme(Online)(MP) 6249
Key Aspects of the Section 44 Appeal:
- Timeline: Typically within 30-60 days, subject to condonation for delay with sufficient cause.
- Scope: Review of factual errors, procedural lapses, or misapplication of law.
- Outcome: SDO can affirm, modify, or set aside the Tahsildar's order.
Courts emphasize exhausting this remedy first: The petitioners are also set at liberty to file statutory appeal against the order dated 19.06.2024... under Section 250 of the MPLRC. Nandram vs The State Of Madhya Pradesh Through Prinicpal Secretary Department Of Revenue - 2024 Supreme(Online)(MP) 41479
Alternative Remedy: Civil Suit for Title and Possession
A significant judicial clarification is that Section 250 doesn't oust the civil court's jurisdiction, especially for title disputes. You aren't always required to pursue the statutory appeal before filing a civil suit:
...a litigant who has not pursued his remedy before the revenue Court at all, is precluded from bringing a suit in the civil Court to establish his title. Actually, courts hold the opposite—no preclusion. Olpherts Private Ltd. Through Director B. D. Gautam, Katni VS Sarla Devi Mahila Mandal Through President Smt. Priyanka Yadav - 2024 Supreme(MP) 228
The party aggrieved by an order under section 250 has a remedy to file a civil suit for establishing his title to the land and for obtaining possession of the same. Khem Chand (Dead) Through LRs Siddharth Kumar Jain VS Parasram - 2024 Supreme(MP) 494
Even during pendency of Section 250 proceedings, a civil suit for recovery of possession, mesne profits, and injunction based on title is maintainable. The trial court erred in dismissing such a suit as non-maintainable; matter remanded for merits. Khem Chand (Dead) Through LRs Siddharth Kumar Jain VS Parasram - 2024 Supreme(MP) 494
When to File a Civil Suit:
- Title paramount: Revenue courts under MPLRC don't finally decide ownership; civil courts do.
- No bar under Section 257: Omission of certain sub-sections doesn't exclude civil jurisdiction. Olpherts Private Ltd. Through Director B. D. Gautam, Katni VS Sarla Devi Mahila Mandal Through President Smt. Priyanka Yadav - 2024 Supreme(MP) 228
- Direct approach allowed: ...he is not required to avail the alternative/statutory remedy of appeal available under the Code and he can file civil suit directly... Olpherts Private Ltd. Through Director B. D. Gautam, Katni VS Sarla Devi Mahila Mandal Through President Smt. Priyanka Yadav - 2024 Supreme(MP) 228
Example: In a case of illegal possession of Bhumiswami land, a civil suit under Section 9 CPC was upheld despite ongoing Section 250 application. Khem Chand (Dead) Through LRs Siddharth Kumar Jain VS Parasram - 2024 Supreme(MP) 494
Writ Petitions Under Article 226/227: When Exceptional?
High Courts under Article 226/227 can intervene, but alternative remedies must generally be exhausted:
Petitions dismissed if statutory appeal pending: Since the impugned order is already a subject matter of statutory appeal as provided under Section 44 of MPLR Code... no case is made. Dinesh Narayan Pareek VS State of Madhya Pradesh - 2022 Supreme(MP) 1157
Exceptions for jurisdictional errors or natural justice violations, but rare for Section 250 matters. Aman Sharma vs The State Of Madhya Pradesh - 2020 Supreme(Online)(MP) 6249
Revenue authorities like Tahsildar/SDO handle procedural aspects; title goes to civil courts. Illegal constructions don't bar Section 250 powers, but remedies remain open. Sunita vs The State Of Madhya Pradesh Through Its Collector - 2020 Supreme(Online)(MP) 6067
Judicial Precedents on Exhausting Remedies
Courts consistently stress efficacious remedies:
| Case ID | Key Holding |
|---------|-------------|
| Olpherts Private Ltd. Through Director B. D. Gautam, Katni VS Sarla Devi Mahila Mandal Through President Smt. Priyanka Yadav - 2024 Supreme(MP) 228 | Civil suit for title not barred; no need to exhaust Section 44 appeal first. |
| Khem Chand (Dead) Through LRs Siddharth Kumar Jain VS Parasram - 2024 Supreme(MP) 494 | Civil court jurisdiction intact for possession suits based on title. |
| Keshav Murari vs Praveen Kumar - 2024 Supreme(Online)(MP) 38254 | Liberty to file civil suit post-revenue orders. |
| Smt. Shahida Parveen vs Shri Laxmi Narain Induria - 2025 Supreme(Online)(MP) 7606 | Mere availability of Section 250 doesn't oust civil court. |
These rulings follow Supreme Court precedents like 1999 RN 328 (SC), affirming civil jurisdiction. Olpherts Private Ltd. Through Director B. D. Gautam, Katni VS Sarla Devi Mahila Mandal Through President Smt. Priyanka Yadav - 2024 Supreme(MP) 228
Practical Steps After a Section 250 Order
- Assess the Order: Check for procedural flaws (e.g., no hearing) or title involvement.
- File Appeal (Section 44): Preferred for quick revenue-level correction.
- Consider Civil Suit: If title disputed; can run parallel in some cases.
- Writ if Urgent: Only post-exhaustion or gross illegality.
- Gather Evidence: Land records, prior orders, witness statements.
Delays in appeals require 'sufficient cause'; negligence won't suffice, akin to tax appeals but applied here. MISHRI LAL DHEMAR AND OTHERS vs KHUB SINGH MEENA - 2025 Supreme(Online)(MP) 7409
Key Takeaways
- Statutory appeal under Section 44 to SDO is the primary remedy—speedy and direct. Olpherts Private Ltd. Through Director B. D. Gautam, Katni VS Sarla Devi Mahila Mandal Through President Smt. Priyanka Yadav - 2024 Supreme(MP) 228
- Civil suits remain viable for title, without mandatory exhaustion of revenue remedies. Khem Chand (Dead) Through LRs Siddharth Kumar Jain VS Parasram - 2024 Supreme(MP) 494
- No finality to Section 250 orders on ownership; civil courts hold sway.
- Always act promptly; timelines matter.
- In most cases, start with statutory channels before escalating.
Facing a Section 250 MPLRC order? Prioritize appeals or suits based on your title strength. For tailored advice, reach out to a local advocate specializing in land revenue laws. Stay informed, protect your rights.
(Word count: approx. 1050)
Search Results for "Statutory Remedy for Section 250 MPLRC Orders Explained"
2010 0 Supreme(Gau) 749 • India - Gauhati
A.C.UPADHYAY
Indian Penal Code, 1860 - Section 500/501 - Criminal Revision Petition - Petitions, arising out of the same ... order - Held, Court is of the considered view that all defences that may be available to the Petitioners will have to be gone into ... been referred on the facts of the particular case before the Court - In the considered view of this Court, no case ha....
2009 0 Supreme(Mad) 3667 • India - Madras
P.JYOTHIMANI
and the availability of alternative remedy under Section 246A of the Act. ... Section 50C - Assessment Order - Income Tax Act, 1961 - [Section 50C(2)] - Summary of Acts and Sections: The court discussed the ... The judgment also referenced Section 55A, Section 153(1) and 15....
2024 0 Supreme(MP) 228 • India - Madhya Pradesh
DWARKA DHISH BANSAL
[Para 15 Although against the order of section 248 of the Code there is remedy of first appeal under section ... file a suit for declaration of his rights/title, he is not required to avail the alternative/statutory remedy of appeal available ... .) -- Ss. 257 and 248(3) -- jurisdiction of civil Court -- order#HL_....
2026 Supreme(Online)(ITAT) 8 • India - Income Tax Appellate Tribunal (Jaipur Bench)
JCIT (Appeals)-1, Gurugram passed an order 29.03.2024, u/s. 250 of the I.T. Act, 1961 in my case. ... of Section 10(10AA) of the Act. ... CIT(A)), Addl/JCIT (A)-1 Gurugram under Section 250 of the Income Tax Act, 1961, (hereinafter referred to as “Act”).
• India - Gauhati
the statutory remedy but for the dismissal of her appeal preferred on the ground of delay he is unable to avail the statutory remedy ... as an assessee under Section 250 of the Income Tax Act, 1961. ... Income Tax Act, 1961, which was passed by the ITO, Ward-2, Tinsukia on ....
2020 Supreme(Online)(MP) 6249 • India - High Court of Madhya Pradesh
G.S. Ahluwalia, M.K.B. Mahendra Kumar Barik, JJ
Section 250 of MPLR Code.
1985 0 Supreme(Pat) 290 • India - Patna
S.S.SANDHAWALIA, B.P.JHA, S.B.SANYAL
under section 10 of the Industrial Disputes Act. ... Issues: The issues included whether the bar of an alternative statutory remedy would be attracted in the case of writ petitions ... which have already been admitted to hearing and the precise stage when a suitor can be said to have exhausted his statutory remedy ... his statutory#H....
2025 Supreme(Online)(Ker) 16529 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
This judgment addresses the denial of a hearing opportunity under Section 250 of the Income Tax Act, 1961. ... The court finds in favor of the petitioner, asserting that the absence of a hearing necessitates setting aside the order and requiring ... Consequently, the order is set aside, and the#HL_E....
1960 0 Supreme(AP) 148 • India - Andhra Pradesh
JAGMOHAN REDDY
has is a statutory remedy regulated by the statute. ... Whether the decision of the Commissioner under Section 41(3) of the Madras Shops and Establishments Act is final and binding on both ... The decision of the Commissioner under Section 41(3) of the Madras Shops and Esta....
2024 Supreme(Online)(ITAT) 1427 • India - Income Tax Appellate Tribunal (Bangalore Bench)
Mrs. Beena Pillai, J, Shri Ramit Kochar, ACJ
outlined in Section 250. ... (A) Income Tax Act, 1961 - Sections 143(3), 250, 246A - Appeal dismissed ex-parte for non-prosecution - Non-receipt of notice due ... CIT(A) missed mandatory compliance with Section 250(6) requiring detailed reasoning for decisions. ... CIT(A) passed an appellate order dated 30.01.2018 under section 250 of the #HL_S....
2024 0 Supreme(MP) 494 • India - Madhya Pradesh
ACHAL KUMAR PALIWAL
jurisdiction -- illegal possession taken of land of Bhumiswami -- during pendency of application for restoration of possession under section ... 250, civil suit filed for recovery of possession, mesne profits and permanent injunction on basis of title -- civil Court has jurisdiction ... The party aggrieved by an order under section 250 has a remedy to file a civil suit for establishing his title to the land and for obtaining possession of the same. ... Section 26 is ....
2024 Supreme(Online)(MP) 41479 • India - IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Learned counsel for the respondent No.5 further submits that the petitioners have an alternative remedy of filing statutory appeal before the concerning appellate authority against the order dated 19.06.2024 (Annexure P/10) passed Signature Not Verified in the proceedings under Section 250 of the MPLRC ... The petitioners are also set at liberty to file statutory appeal against the order dated 19.06.2024 (Annexure P/10) pa....
2025 Supreme(Online)(MP) 7606 • India - IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
The party aggrieved by an order under Section 250 has a remedy to file a civil suit for establishing his title to the land and for obtaining possession of the same. ... The mere availability of a Signature Not Verified summary remedy under Section 250 of MPLRC does not oust the jurisdiction of the Civil Court where the plaintiffs assert ownership rights. ... The MPLRC nowhere expressly bars a civil suit where the plaintiff's claim f....
2022 0 Supreme(MP) 1157 • India - Madhya Pradesh
GURPAL SINGH AHLUWALIA
(II) That, while invoking the supervisory jurisdiction, this Hon'ble High Court may kindly be quashed the entire pending proceedings before the respondent no.4 with respect of application filed under Section 250 of MPLRC as well as the order dated 17/06/2022 in the interest of ... Since the impugned order is already a subject matter of statutory appeal as provided under Section 44 of MPLR Code, therefore, this Court is of this considered opinion that no case is made ....
2024 Supreme(Online)(MP) 36825 • India - High Court of Madhya Pradesh
Per contra, learned counsel for the respondents submits that the order passed by the Commissioner requires no interference inasmuch as the order of Tahsildar was passed while appreciating the provisions of Section 250 of MPLRC. ... The SDO while assigning the cogent reasons that to the land in question, the provisions of Signature Not Verified Section 250 of MPLRC were not applicable, set aside the order#....
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