1. Heard.

2. Order dated 4.9.2012 passed by Board of Revenue is being assailed vide this petition under Article 227 of the Constitution.

3. By impugned order right of respondents, who are member of Schedule Tribe Community over a piece of land being Khasra No. 53, 54, 136, 135, 137, 138, 139, 824, 825, 826, 827, 829, 830, 831, 832, 833, 834, 835 and 52/1128 ad-measuring 17.19 acres situated at village Khamharia, tehsil-Rampur Baghelan, district-Satna, has been affirmed and the action taken by Sub Divisional Officer under section 170-B of the Madhya Pradesh Land Revenue Code, 1959, of restoring the land in favour of respondents has been upheld.

4. Claiming it to be the ancestral property respondents brought the proceedings under section 170-B of the 1959 Code on the ground that though prohibited under section 165 (6) of the 1959 Code the petitioners surreptitiously got Patta of the subject property in their name.

5. Sub Divisional Officer drew proceedings forming subject matter of Case No. 2/A-23/97-98 which culminated into an order dated 6.11.2001 wherein the Sub Divisional Officer on a finding that the original holder Ramsahay Kol, father of respondent Sukhai Kol (since deceased