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
neighbour land owners may confirm the
demarcation under sub-Section (4) of Section 129 of MPLRC.
06. Any party aggrieved by the order ... submit objection at the
stage of Section 129(4) and 129(5) of MPLRC. At the stage of Section 129(1)
& (2) of MPLRC
Tahsildar then
initiated the procedure which is laid down in Section 129 of the MPLRC. The
Tahsildar issued notices to all the parties including ... 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
Section 250 of the
MPLRC, rather challenge originated from the order dated 20.05.2023 and not
from the eviction proceedings under Section 250 of the MPLRC ... 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 ... Section 129(4) and therefore, this
Court has no hesitation in holding that the Tahsildar had misapplied his
jurisdiction conferred on him under Section 129
land.
2. Respondent No.1 Lalchand submitted an application under Section
129 of MPLRC before the Tehsildar for demarcation of his land which was
entertained ... properly written on 25.04.2019 but the
procedure prescribed under Section 129 of MPLRC was followed. The
Signature Not Verified
Signed by: PRAVEEN
Signing time
Indore closing the application
preferred by the writ petitioner under section 129 of MPLRC, has been set
aside and learned Single Judge has directed ... under section 250 MPLRC that they are not in
possession of the land. He further argued that learned Single has only
referred section 129 MPLRC
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
