Revenue authorities must demarcate and identify alleged encroachment before proceeding under Section 250 MPLRC.

The Tehsildar, Parasia, found that the petitioner had encroached on part of Survey No. 208/12 by erecting temporary fencing, but did not identify the precise area or location.

The Sub-Divisional Officer affirmed that order.

Separately, the First Appellate Court decreed a permanent injunction protecting the petitioner’s possession of 0.405 hectare in Survey No. 197/3.

The Tehsildar rejected the petitioner’s application to close proceedings under Section 250 of the Madhya Pradesh Land Revenue Code, 1959 (MPLRC), relying on that decree.

Before the High Court, the petitioner confined her requested relief to fresh demarcation of the adjoining lands before any further action under Section 250; the State did not object.

1. Whether further proceedings under Section 250 of the MPLRC could be taken without first identifying the precise area and location of the alleged encroachment through proper demarcation.

2. Whether the Tehsildar, when considering any further action, was required to have regard to the First Appellate Court’s decree protecting the petitioner’s possession of Survey No. 197/3.

Section 250 of the MPLRC governs proceedings concerning removal of encroachment.

The Court applied the principle that action to remove an alleged encroachment cannot be sustained where the encroached area and its location have not been identified through proper demarcation.

Any further proceedings must also have regard to a relevant civil-court judgment and decree.

The Tehsildar’s finding of encroachment on Survey No. 208/12 did not specify its extent or location.

Without proper demarcation, the Court held that removal of an unspecified encroachment could not be justified.

Because the First Appellate Court had protected the petitioner’s possession of Survey No. 197/3, the Tehsildar also had to consider that decree in any subsequent proceedings.

Given the petitioner’s limited request and the State’s lack of objection, the Court directed fresh demarcation before any further action under Section 250.

The Tehsildar must determine the precise area and location of any encroachment with reference to the relevant revenue records and map, and may thereafter proceed under Section 250 of the MPLRC if warranted, in accordance with law and having regard to the First Appellate Court’s decree.

The petition was disposed of with these directions.