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2020 DIGILAW 393 (MP)

Rekha Singh Rajput v. State of M. P.

2020-03-06

RAJEEV KUMAR SHRIVASTAVA, SHEEL NAGU

body2020
JUDGMENT 1. This intra-court appeal preferred under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, assails the final order dated 25.4.2018 passed by learned Single Judge exercising writ jurisdiction under Art. 226 of Constitution disposing of the petition in question assailing the order of Board of Revenue by which the revision of appellant herein was disposed of by quashing the order of demarcation passed by Additional Tahsildar Purani Chhawani, Tahsil and District Gwalior (M.P.) and remanding the matter to the said authority to conduct demarcation again after affording due and sufficient opportunity to all concerned. 2. Learned counsel for the rival parties are heard on the question of admission and as well as final disposal. 3. Learned counsel for the petitioner primarily submits that the Board exceeded its jurisdiction by directing for fresh demarcation inspite of demarcation having been conducted earlier vide order dated 5.2.2002 as directed by Superintendent of Land Records (SLR) which remained unchallenged and therefore in this background it is submitted that the direction of the Additional Tahsildar and as well as of the Board for demarcation were uncalled for. 4. Learned Single Judge has declined interference on the ground that there is a statutory bar under the M.P. Land Revenue Code, 1959 for conducting a repeat demarcation. 5. Learned counsel for the appellant/petitioner herein is unable to satisfy this Court in regard to any provision barring repeat demarcation and also as to whether any prejudice is caused to the appellant by the repeat demarcation of land in question. 6. Accordingly, present Writ Appeal stands dismissed, sans cost.