Rakesh Singh vs The State Of Madhya Pradesh

1 WP-13184-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 30 OF OCTOBER, 2026
WRIT PETITION No. 13184 of 2025
CNR No.: MPHC030092332025
RAKESH SINGH
Versus
THE STATE OF MADHYA PRADESH AND ANR
Appearance:
Shri Alok Kumar Sharma - Advocate for the petitioner.
Shri Ram Kishor Sharma - Advocate for respondent No.2.
Shri Shiraz Qureshi - Govt. Advocate for the State.
ORDER
This petition, under Article 226 of the Constitution of India, has been
filed by the petitioner seeking the following reliefs:-
"(a) That, this Hon'ble Court may kindly be pleased to
allow this writ petition and the impugned orders dated
30/01/2025 (Annexure P/1) and dated 13/08/2024 (Annexure
P/2) may kindly be quashed, in the interest of justice.
(b) That, any other writ or order or direction which the
Hon'ble Court deems fit in favor of the petitioner may kindly
be issued in the interest of justice.
(c) That, Costs of the petition may kindly be awarded."
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 11/2/2026
10:52:51 AM

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The grievance of the petitioner is that the demarcation proceedings in

respect of the land bearing Survey No.45/4/2, area 2.509 hectares, situated at
Village Karaiya, Tehsil Gulabganj, District Vidisha, were conducted without
serving proper notice upon the petitioner and other adjoining landholders. It
is contended that the demarcation report dated 29.05.2024 was subsequently
confirmed by the Tahsildar vide order dated 13.08.2024, without properly
appreciating the objections raised by the petitioner.
The principal contention of the petitioner is founded upon the
statement of Village Kotwar, Prahlad Singh, recorded on 01.07.2024 before
the Tahsildar. In his statement, the Kotwar specifically stated that although
he had been instructed by the Patwari to inform the adjoining cultivators
about the proposed demarcation, he visited their houses but could not find
them present. He further stated that since the demarcation was scheduled for
the following day, i.e., 29.05.2024, he could not visit their houses again and,
despite attempting to contact them over telephone, he could not establish
contact with them.
From the aforesaid statement, a doubt arises as to whether the
petitioner and other adjoining landholders were actually informed about the
proposed demarcation in the manner contemplated under Section 129 of the
Madhya Pradesh Land Revenue Code. The said statement assumes
significance, particularly in view of the fact that the demarcation was carried
out on 29.05.2024, whereas the Kotwar himself acknowledged that he could
neither meet the concerned cultivators nor establish contact with them over
telephone.
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 11/2/2026
10:52:51 AM

3 WP-13184-2025
However, while passing the order dated 13.08.2024, the Tahsildar

appears to have proceeded primarily on the basis of the demarcation report,
Panchnama and notice submitted by the Patwari, without properly examining
the aforesaid statement of the Kotwar and its bearing upon the question of
service of notice upon the adjoining landholders. The Sub-Divisional Officer,
while passing the subsequent order dated 30.01.2025, has also not
appropriately considered this material aspect of the matter.
In the considered opinion of this Court, before confirming the
demarcation, it was incumbent upon the revenue authorities to examine
whether the mandatory requirement of prior notice to the adjoining
landholders had actually been complied with. The mere preparation of a
notice or an endorsement thereon, particularly when the statement of the
person entrusted with the task of serving such notice creates a doubt
regarding its actual service, could not have been accepted without proper
scrutiny.
In view of the aforesaid facts and circumstances, this Court is of the
opinion that the matter deserves to be reconsidered by the competent revenue
authority after affording an effective opportunity of hearing to all concerned
parties.
Accordingly, the orders dated 30.01.2025 passed by the Sub-
Divisional Officer, Gyaraspur, District Vidisha, and dated 13.08.2024 passed
by the Tahsildar, Gulabganj, District Vidisha, are hereby set aside. The
matter is remitted to the Tahsildar, Gulabganj, District Vidisha, to undertake
fresh demarcation proceedings in respect of the land in question, strictly in
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 11/2/2026
10:52:51 AM

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accordance with the provisions of Section 129 of the Madhya Pradesh Land

Revenue Code.
The Tahsildar shall ensure that prior notice is duly served upon the
petitioner, respondent No.2 and all other adjoining landholders/interested
persons and they are afforded an effective opportunity to remain present at
the time of demarcation. The demarcation shall be conducted in their
presence, as far as practicable, and a fresh demarcation report along with the
Panchnama and other relevant documents shall be prepared. In case any
person, despite due service of notice, fails to remain present, the proceedings
may be conducted in accordance with law.
The Tahsildar shall also take into consideration the statement of
Village Kotwar, Prahlad Singh, recorded on 01.07.2024, as well as the
objections raised by the parties, while undertaking the fresh proceedings.
It is made clear that this Court has not expressed any opinion on the
respective claims of title or possession of the parties over the land in
question, and the Tahsildar shall proceed strictly in accordance with law,
uninfluenced by any observations made hereinabove.
With the aforesaid directions, the petition stands disposed of.
(MILIND RAMESH PHADKE)
JUDGE
pwn*

Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 11/2/2026
10:52:51 AM