ORDER

1. Present petition has been filed challenging the order dated 20th April, 2020 annexure P/1 and dated 17.10.2020 Annexure P/2 whereby, without there being any intimation to the petitioner, demarcation of the property bearing Survey No.1256 and 1257 has been got done by the respondent authorities. It is pointed out that respondent No.3 by filing an application for demarcation of the property in question alleging that there is certain encroachment made by the present petitioners on their land and by suppressing previous report with respect to demarcation which was got done in the year 2014, present order was obtained. On appeal, the objections taken by the petitioners were not considered by the appellate authority. It has been pointed out that the petitioners are owners and possession holders of the property situated in Survey No.1239, 1259, 1254 and 1252. The respondent No. 3 had filed an application seeking demarcation of the property situated in Survey No.1256 and 1257 in the year 2014. Learned SDO after following entire procedure with respect to demarcation of the property has got done the demarcation and the report was submitted in the year 2014 itself which is annexure P/3. In pursuance to the aforesaid demarcation report, parties are in possession of the property. There is no challenge to the aforesaid demarcation report till date. Again an application has been filed by the respondent No.3 for demarcation of the property in question by suppressing the previous demarcation report. On the application begin filed, the respondent authorities without intimation to the petitioners have got done the demarcation again and has submitted demarcation report to the effect that the petitioners have encroached upon the land bearing Survey No.1256 and 1257 which belongs to the respondents and therefore, directed for removal of the encroachment. It is pointed out that the objections were filed on 17.2.2016 by the petitioners but the same have not been taken into consideration by the respondent authorities and the final order has been passed on 17.2.2016. An appeal was preferred by the petitioners against the order dated 17.2.2016 but the appellate authorities without considering the grounds raised by the petitioners affirmed the order passed by the SDO vide its order dated 20.4.2020. Therefore, present petition has been filed. It is pointed out that entire procedure as contemplated under section 129 of MP Land Revenue Code 1959 has not been followed by the respondent authorities therefore, the order impugned is bad in law. He has prayed for quashment of the order.

2. Per contra, counsel for the respondent no.3 has filed his reply along with the application for vacating the stay and it has been pointed out that the petitioners were duly noticed in the demarcation proceedings and all the objections were taken into consideration by the authorities and thereafter, it was found that the petitioners have encroached upon the property of the respondent No.3 therefore, impugned order has been passed. He has drawn attention of this Court being annexure P/4 which is an application dated 4.1.2016 wherein, there is a specific allegation that on Survey No.1256 and 1257 area being 2 Bigha and 7 Biswa which is registered in the name of M.P. Wakf Board Bhopal, the property has been encroached upon by one Vishnu Batham and Nagarpalika Gohad and on that allegation, demarcation was prayed to be made. It is pointed out that the petitioners are neither Vishnu Batham nor Nagarpalika Gohad. He has further drawn attention of this Court to the impugned order Annexure P/1 and has pointed out that the petitioners were duly represented by their counsel before learned Collector and learned Collector after granting them opportunity of hearing and also going through the record of the SDO has arrived at the conclusion that the order dated 17.2.2016 has been passed in pursuance to the provisions of demarcation provided under MPLRC 1959 and there is no fault in the o