Madhya Pradesh High Court
Abhayraj Singh vs Uma Singh on 9 December, 2025
1 MP-6716-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 9 th OF DECEMBER, 2025
MISC. PETITION No. 6716 of 2025
ABHAYRAJ SINGH AND OTHERS
Versus
UMA SINGH AND OTHERS
Appearance:
Shri Dhirendra Singh Parihar - Advocate for the petitioners.
Smt. Shraddha Tiwari - P.L. for the State.
ORDER
By way of this petition challenge is made to order of SDO dated 04.01.2025, whereby the application under Section 129(5) against the order passed by the Nayab Tehsildar dated 17.10.2025 has been closed holding it to be not maintainable.
2. The brief facts for the purpose of disposal of present petition are that a demarcation proceeding was conducted by the Nayab Tehsildar and it was finalized on 13.06.2025, but the petitioners instead of filing application under Section 129(5) before the SDO for setting aside the demarcation proceedings, filed an application under Section 32 MPLRC before the Nayab Tehsildar himself and the Nayab Tehsildar disposed of the application under Section 32 MPLRC on 17.10.2025 by upholding his earlier order dated 13.06.2025.
3. The petitioners then challenged the order dated 17.10.2025 passed Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 12/10/2025 11:07:22 AM 2 MP-6716-2025 by the Nayab Tehsildar before the SDO under Section 129(5) MPLRC, but the SDO by the impugned order dated 04.11.2025 has held that application under Section 129(5) was to be maintained against the initial order dated 13.06.2025 whereby demarcation had been finalized by the Nayab Tehsildar, and no application under Section 129(5) lay before the SDO challenging the order dated 17.10.2025, whereby the application under Section 32 MPLRC against the order dated 13.06.2025 had been rejected.
4. The SDO has therefore rejected the application of the petitioners under Section 129(5) on utterly hyper-technical ground. The petitioners have not been able to get the impugned demarcation adjudicated by the SDO, who is having competence and authority under Section 129(5) MPLRC to set aside the demarcation proceedings in case of any error found in the demarcation proceedings.
5. The order dated 13.06.2025 passed by the Tehsildar in the matter of demarcation had merged in his subsequent order dated 17.10.2025 and once the order dated 17.10.2025 was under challenge before the SDO, then it was implicit and implied that the earlier order dated 13.06.2025, which had merged in the order dated 17.10.2025 was also under challenge before the SDO and the SDO was having power and authority to scrutinize the entire demarcation proceedings by exercising powers under Section 129(5) MPLRC.
6. Therefore the impugned order Annexure P-3 dated 04.11.2025 is set aside. The matter is remanded back to the SDO to decide on the legality and validity of demarcation proceedings finalized on 13.06.2025 by the Nayab Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 12/10/2025 11:07:22 AM 3 MP-6716-2025 Tehsildar on their own merits, after hearing all concerned affected parties. It is further made clear that no coercive steps shall be taken against the petitioners in terms of the questioned demarcation proceedings till the SDO passes the fresh order.
7. Petition stands disposed of.
(VIVEK JAIN) JUDGE rj Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 12/10/2025 11:07:22 AM