1. The petitioner is a company incorporated under the Companies Act. Initially, it challenged Annexures P/1 to P/4 in the writ petition. By way of amendment, it also challenged the order date10.12.2009 passed by the Additional Collector and prayed for restoration of order date 6.6.2005 passed by the Tahsildar and also prayed a relief that the possession of the land be restored with the petitioner and allotments made during the pendency of writ petition be set aside.

2. A lease deed of 391.05 acres of land was executed in favour of the petitioner on 1.7.1942 for a period of 25 years. Other parcels of the land of 104 acres was also granted to the petitioner by another lease deed date 1st May 1943 for a period of 10 years. The lease deeds were executed by Sanitary, Engineering Department of the then Gwalior Government. Period of lease deeds was expired in 1953 and 1967. Then the petitioner filed a civil suit before the Court. A compromise was entered into between the Government and the petitioner and it was agreed that the petitioner shall pay a rent of Rs. 400/- per acre of the land for a period of ten years and in future also. The rent was enhanced to Rs. 700/- per acre. The petitioner did not pay the lease rent and on 30.6.1976 an amount of Rs. 14,98,365/- was due against the petitioner. Then Additional Collector, Gwalior initiated proceeding against the petitioner and vide order dated 1st October 1977 the authority directed the petitioner to hand over the possession, failing which the possession shall be taken. Against the aforesaid order, a Misc. Petition was filed before the High Court, which was registered as Misc.Pet. No. 84/1978. High Court allowed the petition vide order dated 20.2.1980 and set aside the order of the Additional Collector date 1.10.1977.

3. Against the aforesaid order, Special Leave Petition was filed before the Hon’ble Supreme Court. Hon’ble Supreme Court granted the leave and appeal was registered as Civil Appeal No. 1046/1982. Hon’ble Supreme Court vide order dated 29.1.1991 set aside the order passed by the High Court and restored the order passed by the Additional Collector. Thereafter, the possession of the land was taken by the authority on 6.5.1991.

4. On 15.9.2003, the petitioner company filed an application under section 158 (3) of M.P.Land Revenue Code 1959 (hereinafter referred to ‘Code of 1959’) in regard to grant of Bhumiswami rights of the land area 23.735 hectare of survey nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 situate at village Swej Farm, Tahsil and District Gwalior.

5. The petitioner pleaded that it was in possession over the lands and it had been paying lagan. It acquired Bhumiswami rights of the land. After taking evidence, Tahsildar vide order dated 6.6.2005 observed that in khatoni of Samwat 2007 name of the petitioner was recorded as Mourisi Krishak and in khasra of 2010-2013 it was recorded as Pakka Krishak and after 2010 it was recorded as Govt. lessee. The authority has held that the petitioner became Bhumiswami of the land in pursuance to the circular issued by the Revenue dated 27.1.1984 and ordered that entry be made in this regard in the revenue record.

6. Subsequently, vide another order dated 21.6.2005 without hearing the petitioner Tahsildar cancelled the order dated 6.6.2005. Subsequently, Tahsildar passed the order on 30.1.2006 and sent the case to the SDO for taking the matter in suo motu review. SDO vide order dated 10.2.2006 transferred the matter to the Collector to take the matter in suo motu revision against the order passed by the Tahsildar date 6.6.2005. Against the aforesaid order, a revision was filed before the Additional Commissioner, that was dismissed and thereafter a further revision was filed before the Board of Revenue, that was also dismissed.

7. The petitioner in this petition pleaded that in pursuance to the order passed by the Additional Collector dated 1.10.1997 possession of