contends that in terms
of the procedure laid down in Section 129 of MPLRC, 1959, upon receipt of
the demarcation report from Revenue Inspector, Tehsildar ... within the knowledge of
the fact that the proceedings under Section 129 of MPLRC, 1959 were going
on and therefore, the petitioner at this stage
Tehsildar considered the aforesaid objection and closed the proceeding
under Section 129 of MPLRC. Hence, this petition before this Court.
I have heard the learned ... submit objection at the
stage of Section 129(4) and 129(5) of MPLRC. At the stage of Section 129(1)
& (2) of MPLRC
maintainable in view of the
specific provisions of Section 129(8) of MPLRC, learned counsel for the
petitioners could only submit that the demarcation proceedings ... Section 129(8) would not stop the petitioners from challenging illegal
proceedings.
10. Section 129(8) of the MPLRC reads as under :
''Notwithstanding
original
order passed by the Tahsildar in terms of Section 129(4) MPLRC confirming
mutation, was dated 05.08.2022 and the limitation period of 45 days ... expired
on 19.09.2022. The application under Section 129(5) MPLRC was however
filed on 03.08.2022, which was delayed by 14 days. There was application
then
initiated the procedure which is laid down in Section 129 of the MPLRC. The
Tahsildar issued notices to all the parties including the respondent ... challenged by the respondents by filing
an appeal under Section 129(5) of the MPLRC. The same has been allowed by
the Sub Divisional Officer
Indore closing the application
preferred by the writ petitioner under section 129 of MPLRC, has been set
aside and learned Single Judge has directed ... land. He further argued that learned Single has only
referred section 129 MPLRC and not other provisions of the said Chapter
itself which clearly shows
land was actually carried out in accordance with Section 129 of the
MPLRC. It is also submitted that under Section 129(8) of the MPLRC ... only and not u/s.109, 110 or
129 of MPLRC as contended by the learned Sr. Counsel for the
petitioners. Similarly, the contents
deal with
the provisions of MPLRC. For ready reference, Section 129 of the MPLRC
is reproduced below:-
''129. Demarcation of boundaries of survey ... Section 129(8) would not stop
the petitioners from challenging illegal proceedings.
10. Section 129(8) of the MPLRC reads as under:
''Notwithstanding
filed an
application before the Sub-Divisional Officer under section 129(5) of the MPLRC
and the SDO has rejected the application submitted ... fourth
respondent-Tehsildar for fresh consideration in terms of Section 129(5) of the
MPLRC.
6. Per contra, learned counsel for the respondent has submitted
brief are that petitioner has preferred an
application under Section 129 of MPLRC for demarcation of his land
bearing Survey ... finality to be defective. Order passed in a proceeding under
Section 129 of MPLRC in respect to demarcation cannot be challenged in
a proceeding under
