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SUJOY PAUL
State of M. P. – Appellant
Versus
Radhika Prasad – Respondent
Sujoy Paul, J.
1. The petitioner has filed this petition under Article 227 of the Constitution to assail the order of Board of Revenue dated 7.6.2004 passed in Case No. 355/PBR/02 (Annexure P-1). This matter has a chequered history. The respondents herein have fought a long drawn battle in the corridors of Revenue Courts. The respondents (now octogenarian) have initiated the proceeding in the year 1962.
2. The facts as narrated in the impugned order are that the respondents were patta holders of 95 bigha 15 biswa land which was given to them by the Zamindars before the abolition of the Zamindari. The respondents were in continuous possession of the entire land of 95 bigha 17 biswa. However, the Patwari in his record recorded that 25 bigha 1 biswa is being encroached by the respondents. The respondents, with a view to seek correction preferred an application before the Tahsildar court on 14.1.1962. The Tahsildar rejected the said application on 13.9.1966. The respondents preferred an appeal before the Sub Divisional Officer (SDO) which was rejected on 29.7.1967. The respondents preferred appeal against this order before the Additional Commissioner. The said case was register
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