Madhya Pradesh High Court

Adherence to mandatory inquiry procedure and opportunity to lead evidence is essential for Section 250 MPLRC proceedings.

Matadeen vs The State Of Madhya Pradesh

Madhya Pradesh High CourtJUDGMENT: May 05, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners, residents of Survey No. 455/2, claim to be rustic villagers in settled possession of approximately 70 Bigha of Government/Abadi land for over 50 years.

Source reference: para. 2

Respondent Nos. 3 to 5 purchased 0.8400 hectares of land from a predecessor-in-title (Karnu Jatav) and initiated eviction proceedings against the petitioners under Section 250 of the M.P. Land Revenue Code (M.P.L.R. Code).

Source reference: para. 2–3

The petitioners alleged that no proper demarcation was conducted, the identity of the disputed land was never established, and the Tahsildar failed to examine the Revenue Inspector or Patwari.

Source reference: para. 3

Both the Sub-Divisional Officer (SDO) and the Revisional Authority upheld the Tahsildar's order for eviction without allowing the petitioners to lead evidence or conducting a spot inspection.

Source reference: para. 5–6

Consequently, the petitioners approached the High Court seeking a writ of mandamus or certiorari to set aside the eviction orders.

Source reference: para. 1
02

Issues

1. Whether the Tahsildar followed the mandatory quasi-judicial procedure required under Section 250 of the M.P.L.R. Code before passing an order of eviction.

Source reference: para. 8, 12

2. Whether the lack of a proper demarcation and the denial of an opportunity to lead oral and documentary evidence constituted a violation of the principles of natural justice.

Source reference: para. 4, 13
03

Law Applied

The Court applied Section 250 of the M.P. Land Revenue Code, 1959, which governs the reinstatement of a Bhumiswami improperly dispossessed.

Source reference: para. 3

Procedural mandate established in W.P. No. 8890/2026, which dictates that when a claim is disputed, the Tahsildar must: (a) frame specific issues; (b) afford parties an opportunity to lead oral and documentary evidence; (c) allow cross-examination of witnesses; and (d) properly exhibit documentary evidence before placing reliance upon it.

Source reference: para. 8–9, 12
04

Reasoning

The Court observed that the Tahsildar and subsequent appellate authorities mechanically passed orders without establishing the identity of the land in question.

Source reference: para. 6, 13

Applying the principles from its previous ruling in W.P. No. 8890/2026, the Court found that the Tahsildar failed to frame issues or examine official witnesses like the Revenue Inspector and Patwari to verify the demarcation.

Source reference: para. 10, 13

The Court noted that the petitioners were denied an effective opportunity to cross-examine the respondents' witnesses or present their own defense, particularly regarding their claim of settled possession and construction under the Pradhan Mantri Awas Yojana.

Source reference: para. 4, 13

The rejection of applications for spot inspection and additional evidence by the SDO further demonstrated a breakdown of the mandatory enquiry process required by the Code.

Source reference: para. 5, 13
05

Holding

The Court answered the issues in the affirmative, holding that the mandatory procedure under Section 250 was not followed.

The High Court quashed the orders of the Additional Commissioner (P-1), the SDO (P-2), and the Tahsildar (P-3) and remanded the matter to the Tahsildar/competent authority with directions to: (i) conduct a fresh adjudication; (ii) provide a full and effective opportunity to both parties to lead oral and documentary evidence; (iii) permit cross-examination; and (iv) conduct a proper demarcation in the presence of all parties before passing a reasoned order.

Source reference: para. 14(i)–(v)
Madhya Pradesh High Court

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MatadeenvsThe State Of Madhya Pradesh

Madhya Pradesh High Court · May 05, 2026

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