A Section 248 notice is valid where unchallenged demarcation establishes encroachment on government land.

The petitioner, a developer and owner of land bearing Survey Nos. 317/1/1/2 and 317/1//1/1, sought a direction for demarcation of its land and adjoining Government land, and protection from action under Section 248 of the Madhya Pradesh Land Revenue Code (MPLRC) pending measurement.

After a private respondent complained that the petitioner’s development encroached on Government land comprising Survey Nos. 313 and 320, described as a nala, revenue authorities conducted demarcation. Following notices and the petitioner’s objections, a further demarcation was conducted; the authorities found encroachment, and a notice under Section 248 of the MPLRC was issued.

The State maintained that the demarcation was procedurally proper and that the Section 248 notice initiated proceedings against the alleged encroachment.

1. Whether the revenue authorities’ demarcation and finding of encroachment on Government land disclosed a procedural flaw warranting interference.

2. Whether the notice issued under Section 248 of the MPLRC, based on the finding of encroachment, warranted interference by the High Court.

The Court considered Section 248 of the MPLRC, under which proceedings were initiated in respect of the petitioner’s alleged encroachment on Government land.

It applied the principle that, absent a demonstrated procedural flaw in the revenue demarcation proceedings, the Court would not grant the requested relief; the judgment cites no precedent.

The Court found that the petitioner had participated in the demarcation proceedings and that its objections had been considered. The Revenue Inspector’s report showed encroachment on part of the Government land identified as a nala, and the Tehsildar’s finding had been affirmed by the Sub-Divisional Officer.

The petitioner identified no procedural defect in the demarcation. On that record, the Court held that the Section 248 notice was properly issued and that no basis for writ relief had been established.

It dismissed the writ petition, with no order as to costs.