MANOHAR SINGH Vs. COLLECTOR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred by the petitioners being aggrieved by the order dtd. 3/10/2022 passed by the Collector, District Ratlam dismissing the revision preferred by them against the order dtd. 28/2/2022 passed by the Tehsildar, Piploda, District Ratlam.

(2.) The facts of the case are that respondent No.3 had filed an application under Sec. 129 of M.P. Land Revenue Code, 1959 (hereinafter referred to as 'the Code') for demarcation of land bearing survey number 397 area 1.570 hectare. In those proceedings notices were issued to the petitioners on 4/10/2021. The demarcation was carried out on 10/7/2021 and report was submitted to the Tehsildar who affirmed the demarcation by order dtd. 2/8/2021. On strength of the demarcation, respondent No.3 filed an application under Sec. 250 of the Code before the Tehsildar for possession of his land which was found in possession of the petitioners. Therein the petitioners appeared and filed an application under Order 7 Rule 11 of the CPC for rejection of the application. By order dtd. 28/2/2022 the said application was rejected by the Tehsildar which order has been affirmed by the Collector by the impugned order.

(3.) It is submitted by the learned counsel for the petitioners that the petitioners were never served with any notice of the demarcation proceedings. The panchnama was not prepared in their presence which is hence not binding upon them in the present proceedings. The petitioners had no opportunity of being heard before finalization of demarcation proceedings hence the principles of natural justice have been violated. There has also been violation of the provisions of Sec. 129 of the Code. The entire proceedings of demarcation are hence vitiated.