RADHESHYAM Vs. GOTULAL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred by the petitioner being aggrieved by the order dtd. 28/8/2023 passed by the Additional Commissioner, Ujjain Division, Ujjain reversing the order dtd. 31/12/2020 passed by the Sub Divisional Officer (Revenue), Sub Division Javad, District - Neemuch who in turn had set aside the order dtd. 17/12/2019 passed by the Tehsildar, Tehsil Javad, whereby the application under Sec. 250 of the M.P. Land Revenue Code, 1959 (for short 'the Code') preferred by respondent No.1 had been allowed.

(2.) The facts in brief are that respondent No.1 made an application before the Tehsildar for demarcation of his land bearing survey No.853 area 0.470 hectare and survey No.854 area 0.200 hectare total area 0.670 hectare, Gram Babaljuni, Tehsil Javad, District - Neemuch. On the application demarcation was carried out on 25/6/2018. There was some error in demarcation which was corrected by order dtd. 16/7/2018. In the demarcation illegal possession of the petitioner over the disputed land was found. Respondent No.1 then requested the petitioner to deliver possession of the said land to him but he refused to do so.

(3.) Thereafter, respondent No.1 filed an application under Sec. 250 of the Code on 30/7/2018 before the Tehsildar which was allowed by him by order dtd. 17/12/2019 on the basis of the demarcation having been carried out earlier. The said order was set aside in appeal preferred by petitioner by the Sub Division Officer on the ground that the demarcation proceedings as carried out earlier are erroneous and contrary to the provisions of Sec. 129 of the Code hence on the basis of such demarcation report the prayer of respondent No.1 under Sec. 250 of the Code cannot be allowed. The said order has been set aside in appeal having been preferred by respondent No.1 under Sec. 4(2) of the Code by the Additional Commissioner by the impugned order holding that the legality of proceedings under Sec. 129 of the Code cannot be examined in proceedings under Sec. 250.