NANAKRAM Vs. SHIVJI

JUDGEMENT

(1.) Both the aforesaid writ petitions are heard and decided analogously by this common order.

(2.) The facts, in brief, taken from W.P. No.11490/2017 are that respondent has filed an application under Section 250 of the M.P.Land Revenue Code (hereinafter referred to as "the Code") seeking possession of land ad-measuring 4 decimal and 0.58 acre that was found in illegal possession of present petitioners in the demarcation conducted on 06.06.1999 and 07.06.1999. The present petitioners in the reply to the said application contended that the alleged demarcation is irregular and illegal as no notice of demarcation was ever served on the petitioners. The Tahsildar, after considering the statements of witnesses, vide order dated 20.12.2005 rejected the application of the respondent.

(3.) Being aggrieved, the respondent challenged the aforesaid order before Sub-Divisional Officer. The appellate authority, consider that the record indicates that notices were served on the respondents allowed the appeal holding that in proceeding under Section 250 of the Code, demarcation under Section 129 of the Code cannot be questioned. .