NARAYAN Vs. MAHENDRA BOPCHE
LAWS(MPH)-2021-3-33
HIGH COURT OF MADHYA PRADESH
Decided on March 15,2021

NARAYAN Appellant
VERSUS
Mahendra Bopche Respondents

JUDGEMENT

Prakash Shrivastava,J. - (1.) By this miscellaneous petition under Article 227 of the Constitution of India, the petitioner has challenged the order of the Additional Collector, Balaghat (M.P.) dated 24.11.2020 whereby the revision petition filed under Section 50 of the M.P. Land Revenue Code, 1959 (in short 'the Code') has been dismissed and the order of the Sub Divisional Officer dated 22.08.2019 has been affirmed.
(2.) The brief facts are that the respondent No.1 had filed an application before the Tehsildar, Katangi alleging that the petitioner had encroached upon the Government land. On the basis of the said application, the proceedings were initiated and after giving the opportunity, Tehsildar had passed the order dated 03.05.2018 finding the petitioner to be an encroacher. Against this order, the appeal was dismissed by the Sub Divisional Officer by order dated 22.08.2019. The petitioner had filed second appeal before the Commissioner, who had found that the second appeal was not maintainable, hence the petitioner had preferred revision before the Additional Collector under Section 50 of the Code and the said revision petition has been dismissed.
(3.) Learned counsel appearing for the petitioner submits that the land does not belong to the respondent and the petitioner has not encroached upon the Khasra No.364. As against this, learned counsel for the respondents/State has supported the impugned orders.;


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