1. By this petitioner under Article 226/227 of the Constitution of India, the petitioner is challenging the validity of the impugned order dated 26.8.2003 (Annexure P/1) passed by the learned Additional Commissioner, Sagar, Division Sagar in suo motu Revision No.46-A/19 of 1994-95.

2. The following facts are unfolded :

“(i) A patta in respect to the disputed land ad-measuring 4 hectares was given by Naib Tahsildar to the petitioner on 6.11.1989.

(ii) Thereafter Naib Tahsildar on 27.5.1991 submitted report that under RBC chapter 4-3 clause 3(5) ex-army persons are entitled only to two hectares land and, therefore, the land in excess which is given to the petitioner may be cancelled;

(iii) The patta of excess area of two hectares given to the petitioner was cancelled and the same was allotted to one Prem Narayan Dubey;

(iv) A report on 25.5.1991 was forwarded by the Tahsildar to SDO Damoh;

(v) On 10.4.1991 it came into the knowledge of the Collector Damoh that the area where the Sand in question has been allotted has already been declared as urban area and, therefore, the land which has been allotted be cancelled;

(vi) The then Collector on 5.5.1992 requested the Additional