Lalbihari Pandey vs Rajlalan Pandey
2023 Latest Caselaw 11893 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                  ON THE 28 th OF JULY, 2023
                                              MISC. PETITION No. 4127 of 2023

                           BETWEEN:-
                           LALBIHARI PANDEY S/O SHRI RAMREKHA PANDEY,
                           AGED      ABOUT      57    YEARS, OCCUPATION:
                           AGRICULTURIST R/O VILLAGE TIHAI, TEHSIL KOTER,
                           DISTRICT SATNA (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI PRABHAT KUMAR SHUKLA - ADVOCATE )

                           AND
                           1.    RAJLALAN PANDEY S/O SHRI JAGDISH PRASAD
                                 PAN D EY R/O VILLAGE TIHAI, TEHSIL KOTER,
                                 DISTRICT SATNA (MADHYA PRADESH)

                           2.    AJAY KUMAR PANDEY S/O SHRI RAMREKHA
                                 P A N D E Y VILLAGE TIHAI TAHSIL KOTER
                                 DISTRICT SATNA (MADHYA PRADESH)

                           3.    BANKE BIHARI PANDEY S/O SHRI RAMREKHA
                                 P A N D E Y VILLAGE TIHAI TAHSIL KOTER
                                 DISTRICT SATNA (MADHYA PRADESH)

                                                                                        .....RESPONDENTS


                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                              ORDER

This Misc. Petition is filed under Article 227 of the Constitution of India being aggrieved of the order dated 28.03.2023 passed by the learned Sub- Divisional Officer Rampur Baghelan, District Satna (M.P.), rejecting the petitioner's appeal against the orders of the Tehsildar, Tehsil Kotar District Signature Not Verified Signed by: AMITABH RANJAN Signing time: 31-07-2023 19:24:46

Satna in Revenue Case No. 0191/v-12/2021-22 carrying out demarcation in

terms of the judgment and decree of the Civil Court passed by learned 4th Civil Judge Class-II Satna in RCS No. 119-A of 2012 instituted on 29.08.2006, whereby it is declared that plaintiff No.1 Rajlalan Pandey is owner of the land contained in Survey No. 301&v /1-p measuring 0.09 decimal, situated at Village

Tihai, Vrit - Kotar, Tehsil Rampur Baghelan District Satna.

It is submitted that demarcation has not been properly carried out. Objection of the petitioner has not been considered but when learned counsel for the petitioner is asked to show from record that where is the demarcation Panchmana, then he fairly submits that he has not brought it on record.

I have gone through the report of the RI and the order of the Tehsildar, carrying out demarcation in terms of the orders of the learned Civil Judge which had passed judgment and decree as mentioned above on 18.11.2012 and the order of demarcation in absence of any cogent material being brought on record cannot be said to be illegal and arbitrary and therefore, the order of the Sub- Divisional Officer rejecting objection raised by the petitioner cannot be said to be illegal or arbitrary, calling for interference in supervisory jurisdiction of this Court.

Petition fails and is dismissed.

(VIVEK AGARWAL) JUDGE Amitabh

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 31-07-2023 19:24:46