NANDRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed challenging orders dtd. 5/6/2024, 21/6/2022, 29/3/2023, 20/5/2023, 23/4/2024 and 19/6/2024.

(2.) The learned counsel for the petitioners has expressed anxiety that in terms of the impugned orders, the petitioners are being dispossessed and the dispossession will take place even today or in the next one or two days.

(3.) The brief facts of the case as stated by the learned counsel for the petitioners are that the demarcation proceedings dtd. 20/5/2023 were carried out in which proceedings, the petitioners were found to be in possession of land owned by the respondent No.5. The demarcation proceedings of 20/5/2023 are on record as Annexure P/8. The petitioners thereafter filed an appeal/application in terms of Sec. 129(5) of the Madhya Pradesh Land Revenue Code, 1959 (for short 'MPLRC') challenging the demarcation proceedings on the ground that the petitioners were neither heard nor were noticed during the demarcation proceedings. The said application was dealt with by the Sub Divisional Officer and was rejected, being barred by time in terms of limitation provided under Sec. 129(5) of the MPLRC. Against the said order dtd. 23/4/2024 (Annexure P/7) passed by the SDO, petitioners filed a revision before the Additional Collector. In the intervening time, on the strength of the demarcation report dtd. 20/5/2023, the present respondent No.5 initiated proceedings under Sec. 250 of the MPLRC for eviction of the petitioners. In the revision filed before the Additional Collector against the order Annexure P/7 passed by the SDO which was in terms of the Sec. 129(5) of the MPLRC, the Additional Collector passed an order dtd. 26/4/2024 (Annexure P/9) whereby the Additional Collector stayed the proceedings under Sec. 250 of the MPLRC though, the said proceedings were not under challenge before the Additional Collector. Thereafter, vide order dtd. 30/5/2024, the Additional Collector posted the matter for final hearing but directed that status quo on the land in question shall be maintained by the parties.