ORDER

1. The petitioner has filed the writ petition under Article 226 of the Constitution of India, seeking the following reliefs :--

“7.1 That, by an appropriate writ, direction r order the respondents be restrained not to encroach the petitioner's land and not to dispossess the petitioner from land bearing Khasra No. 248 (divided into 248/1/1, 248/1/2 and 248/2) admeasuring 3.34 acre i.e. 1.352 Hectare and also not to demolish the two constructed houses situated on the land.

7.1 That, by an appropriate order the respondents be directed to lift-up all soil and solid waste building materials dumped on petitioners land with immediate effect.

7.2 Any other appropriate relief which this Hon'ble Court deems proper and fit in the circumstances of the case be granted with cost in favour of the petitioner.”

2. The grievance of the petitioner is that the respondents are encroaching upon her land by dumping soil, waste building materials on the land to establish City Waste Collection/dumping station without any notice to the petitioner or without acquiring the land.

3. The case of the petitioner is that she happens to be the sole owner and in possession of the land bearing survey No. 248 (divided into 248/1/1, 248/1/2 and 248/2) admeasuring 3.34 acre i.e. 1.352 Hectare situated in New Palasia (Old Palasia Hana), Indore and two houses constructed thereon. She has claimed the aforesaid lands being the legal heir of her maternal grandfather Late Ramkrishnadas Guru Jagannathdas, who executed his Will on 28.7.2016, and passed away on 12.9.2020. Thus, on the basis of the aforesaid Will the petitioner has become the sole owner of the said property.

4. The case of the petitioner is that the land in question was initially allotted by the then Holkar State on 24.10.1930 as inamdar to Late Jagannathdas (the Guru and father of Late Ramkrishnadas) who was the Pujari of a temple known as Khedapati Hanuman Mandir, in lieu of his religious services, to earn his livelihood. The said land was continuously shown and recorded in the name of Late Jagannathdas in the revenue records up to year 1952. After his demise, the said land was mutated in the name of Ramkrishnadas by the order dated 9.1.1952, of Mafi Office of the then Government of Madhya Bharat, Gwalior. On 23.5.1952, the name of Ramkrishnadas was recorded as Bhoomiswami by the Tehsildar, Indore in the process of Nam-Kayami. The Nayab Tehsildar, Indore also issued a Rin-Pushtika in the name and favour of Ramkrishnadas. Subsequently, the said land was duly diverted by the Revenue Authority in Revenue Case No.5-A/2/1980 and the diversion tax was regularly paid by Ramkrishnadas. In the year 1972 the Halka Patwari of Tehsil, Indore without any reason and without any order of competent authority, on his own, changed the entry in the revenue record thereby deleting the name of Ramkrishadas as Bhoomi Swami and in place thereof recorded the entry Khedapati Hanuman Mandir Manager Collector, District Indore as Bhoomi Swami. The Tehsildar, Juni, Indore thereafter initiated a proceeding against Ramkirshnadas under section 248 of Land Revenue Code, 1956 alleging him as an encroacher on the land in question and served a notice dated 13.9.2013 for dispossession and removal of the alleged encroachment within 24 hours. The said notice was challenged by Ramkrishnadas by filing a petition bearing Writ Petition No. 11007/2013 before this Court seeking the relief of quashment of said notice and restraining the respondent from dispossessing the land and vide its order dated 24.9.2013 this Court was pleased to allow the petition with certain directions and the possession of the land was also protected.

5. It is further the case of the petitioner that the order passed by the Tehsildar, Juni, Indore on 16.11.2012 under section 248 of the M.P. Land Revenue Code, 1956 has been affirmed by the Sub-Divisional Officer (Revenue) Indore vide its order dated 13.9.2013, which was also challenged before the Additional Commissione