ORDER

1. This miscellaneous petition has been preferred by the petitionerHemraj Tomar challenging the order dtd.27.10.2021 passed by Additional Collector, Narsinghpur in Case No.007/Revision/2021-22 affirming the demarcation proceedings conducted and completed by Revenue Inspector vide order dtd.13.3.2016.

2. Facts in short are that the respondents claim themselves to be bhumiswami and in possession of land Khasra No. 179/2, 181/1 area 2970 sq.ft. out of 0.034 hectare and 726 sq. ft. i.e. 0.010 hectare on the basis of two registered sale deeds dtd. 3.9.2014 & 23.5.2015 executed by Brijendra Singh in favour of the respondents. They further claim themselves to be bhumiswami of land khasra no. 211/3 area 0.003 hectare i.e. 297 sq. ft. on the basis of sale deed dtd. 23.5.2015 executed by petitioner-Hemraj from the land khasra No. 211/2 out of area 0.121 hectare. Upon purchase of 297 sq.ft. land, new number was formed as 211/3 area 0.003 hectare i.e. 297 sq.ft. and in the present case there is dispute only in respect of land survey No. 211/3 area 0.003 hectare i.e. 297 sq.ft.

3. On the basis of aforesaid acquisition of bhumiswami rights, the respondents moved an application for demarcation of land survey No. 211/3 area 0.003 hectare (although survey nos. 179/2, 181/1 area 0.034 hectare, were also mentioned in the application) before Revenue Inspector, Gadarwara, on the basis of which, demarcation proceedings were completed vide order dtd. 13.3.2016, against which the petitioner preferred revision before Board of Revenue, which due to amendment in the MPLRC, was sent to the Additional Collector, which has been dismissed by the impugned order dtd. 27.10.2021 by Additional Collector, affirming the demarcation proceedings.

4. Learned counsel for the petitioner submits that while demarcating the land in question i.e. survey No. 211/3 area 0.003 hectare i.e. 297 sq.ft., the petitioner, who is bhumiswami of adjacent land survey no. 211/2, was not given any opportunity of hearing. He submits that neither any demarcation could be done nor in fact any demarcation has been done, because even after sale of land area 0.003 hectare, no batankan has been done in the field map in respect of Khasra No. 211/3 area 0.003 hectare. Criticizing the proceedings of demarcation conducted and completed by the R.I. and affirmed by Additional Collector, learned counsel for the petitioner prays for allowing the instant miscellaneous petition.

5. Learned counsel appearing for the respondents supports the impugned orders passed in respect of demarcation and prays for dismissal of miscellaneous petition with the further contention that the petitioner has no right in respect of the disputed land and he has no land adjacent to the land Khasra No. 211/3. On inter alia contentions, he prays for dismissal of the miscellaneous petition.

6. Heard learned counsel for the parties and perused the record.

7. Just with a view to understand the method and manner in which the demarcation proceedings were conducted and completed by Revenue Inspector, I deem appropriate to reproduce certain documents relating to demarcation proceedings.

8. Following application for demarcation was submitted by the respondents before Revenue Inspector, Gadarwara :-