DECEASED MEHKAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Miscellaneous Petition is preferred under Article 227 of the Constitution of India against the impugned orders (Annexure P/1) whereby learned trial Court has issued commission appointing Tehsildar as Commissioner for demarcation in pursuance of order dtd. 5/3/2026 passed in M.P. No. 1340/2026 (Deceased Mehkal through LRs Punaji & Ors. vs. State of M.P. & Ors.).

(2.) Learned counsel for the petitioner submits that petitioner has simply asked for demarcation of his agricultural land and he has never sought police help in that regard. The police protection sought by the Tehsildar and, therefore, it is up to the Tehsildar or the State to bear with the expenditure of police protection. Petitioner could not have been saddled with that responsibility to pay expenditure as he has not occurred any protection. Hence, on these submissions, learned counsel contends that order passed by the Court below for payment of the expenditure by the litigant/petitioner is bad in law, hence prays for allowing the petition by setting aside the impugned order.

(3.) Learned counsel for the State has opposed the prayer on the ground that petitioner has asked for demarcation and during demarcation, police protection has been sought by the Tehsildar, therefore, the order passed by the Court below is in accordance with the law, hence it does not need any interference by invoking supervisory jurisdiction. Hence, prays for dismissing the petition as devoid of any substance.