Mukesh S/O Biharilal vs State Of M.P And Others

Heard learned counsel for the parties through video conferencing.

Petitioner has filed the present petition being aggrieved by the order dated 23.01.2020 passed by Additional Tahsildar, Karhi and the order dated 02.09.2020 passed by the Additional Collector, Khargone whereby the revision petition has been dismissed.

Respondent No.4 moved an application under section 250 of the MPLRC seeking vacant possession of the land bearing survey No.53/14 area 0.012 hectare from the present petitioner. The aforesaid proceeding has been initiated on the basis of some demarcation proceeding in which the order dated 16.10.2019 was filed. Later on, he filed an application in the 250 MP Land Revenue Code (hereinafter referred to as 'the MPLRC') proceeding for taking the order dated 16.10.2019 on record. Though the present petitioner has raised an objection but the learned Tahsildar has taken the document on record and dismissed the application filed by the present petitioner under section 32 of the MPLRC. Being aggrieved by the order dated 23.01.2020 the petitioner preferred a revision before the Additional Collector but that too has been dismissed vide order dated 02.09.2020, hence the present petition before this Court.

Learned counsel for the petitioner submits that the demarcation proceeding dated 16.10.2019 was carried out behind his back, therefore, same could not have been taken on record by the Tahsildar in the proceeding under section 250 MPLRC. Without considering his aforesaid objection, learned Tahsildar has rejected his application under section 32. It is not in dispute that the 250 proceedings are still pending before the Additional Tahsildar in which the petitioner and respondent both are participating. As on today the Additional Tahsildar has only taken a demarcation proceeding dated 16.10.2019 on record. No finding has been recorded so far in respect of the aforesaid proceedings. The petitioner who is already appearing, therefore, he may raise all his objections available to him at the time of final adjudication or if the respondent No.4 enters into the witness box he may put necessary question. Even otherwise, proceeding dated 16.10.2019 is official document passed under the provision of the MPLRC and if the same has been taken on record no illegality has been committed by the authority. Merely taking a document does not amount to establishment of validity of the same. No case for interference is made out. Accordingly, the petition is dismissed.