MADANLAL Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission. By this intra -court appeal, the appellant is challenging the order dated 19.02.2015 passed in W. P. No.1632/2014, whereby learned Writ Court quashed the order dated 30.01.2014 passed by the Additional Tehsildar, Indore whereby the objections of the respondent No.3 in regard to maintainability of the application for demarcation filed by the present appellant under Section 250 of the M. P. Land Revenue Code, 1959 (in short "the Code") has been rejected and held that the Additional Tehsildar exceeded his jurisdiction in considering the application for demarcation and allowed the writ petition.

(2.) Brief facts of the case are that the respondent No.3 is a registered Public Trust and is owner and in possession of the land bearing survey Nos.293, 295 and 296 admeasuring 0.279, 0.134 and 0.522 hectares respectively situated at Village Sirpur, Tehsil Rau, District Indore. At the request of Kailash and Badrilal, the demarcation of the said land was done on 11.06.2009 and it was found that the land comprised in survey No.295 is within the boundary wall of the respondent No.3. After demarcation report, Kailash, Badrilal and the present appellant were trying to dispossess the respondent No.3 and, therefore, the respondent No.3 filed a Civil Suit No.42 -A/2009 for declaration and permanent injunction in the Court of Additional District Judge, Indore.

(3.) Learned Trial Court by order order dated 01.03.2013 allowed the application of the respondent No.3 directing the appellant not to dispossess the respondent No.3 from the suit land whereas, the application of the appellant was dismissed. Against this order, the appellant filed a miscellaneous appeal before this Court.