Mandamus to enforce demarcation order where revenue authorities fail to discharge statutory duties despite absence of legal impediment.

The petitioner is a co-owner of several survey numbers in Village Ummedgad Bansi, District Morena. Following a partition order dated 22.11.2024 by the Naib Tehsildar, which was affirmed on appeal on 25.06.2025, the petitioner sought demarcation of the allocated land.

Although the Tehsildar allowed the demarcation application on 15.10.2025 and rejected subsequent private objections on 27.10.2025, the authorities failed to execute the physical demarcation.

A second application was allowed on 16.06.2026, but the demarcation team again refrained from acting due to alleged verbal information regarding pending collateral litigation.

The petitioner approached the High Court under Article 226 of the Constitution seeking a direction for the actual and physical demarcation of the property.

1. Whether the revenue authorities are under a statutory obligation to execute an order for demarcation once it has attained finality and all objections have been rejected.

2. Whether the continued inaction of the respondents in failing to carry out physical demarcation constitutes an arbitrary failure to discharge statutory duties.

Article 226 of the Constitution of India, which empowers the High Court to issue directions or writs for the enforcement of legal rights.

Statutory obligation, whereby competent revenue authorities (acting under the M.P. Land Revenue Code) are bound to implement and give effect to their own final orders regarding land demarcation and boundary fixation.

The court observed that the petitioner’s right to demarcation was established through multiple favorable orders, specifically the order dated 16.06.2026 passed by the competent authority.

It noted that despite the rejection of objections, the demarcation process was stalled by the authorities based on extraneous considerations, such as informal information regarding pending challenges to the partition order.

The court reasoned that in the absence of an express legal impediment or a formal restraint order from a superior forum, the revenue authorities cannot withhold the execution of a valid order.

Consequently, the court found it necessary to ensure the implementation of the existing order to meet the ends of justice without delving into the secondary merits of the property dispute.

The authorities are directed to undertake and complete the actual physical demarcation of the specified survey numbers within four weeks from the receipt of the certified copy of the order, provided no legal restraint or stay order is currently operating against its execution.