JUDGMENT

Dharmadhikari, J:-- 1. Heard finally with the consent of the parties.

This writ appeal under section 2(1) of the Madhya Pradesh Uchha Nayayalaya (Khand Nyaypith Ko Appeal) Adhiniyam 2005 has been filed by the appellants assailing the order dated 18.3.2024 passed in W.P.No.9436/2012 whereby the petition filed by the present appellant was dismissed.

2. The brief facts of the case is that the appellants herein had purchased the below mentioned property by way of registered sale deed from Kumari Sharda Raje D/o Maharaja Tukoji Rao Pawar, erstwhile ruler of Indore. The description plot, area, survey numbers, date of sale deeds are as under:-

Appellant No.1: Plot No.48, South Avenue, admeasuring 3885 sq. feet, comprised in Survey No.56 of Village – Tejpur Gadbadi, purchased vide registered sale deed dated 28.3.1997.

Appellant No.2: Plot No.49, South Avenue, admeasuring 3150 sq. feet, comprised in Survey No.56 of Village – Tejpur Gadbadi, purchased vide registered sale deed dated 4.4.1997.

Appellant No.3: Plot No.73, South Avenue, admeasuring 3500 sq. feet, comprised in Survey No.99/1 of Village – Tejpur Gadbadi, purchased vide registered sale deed dated 4.12.1996.

Appellant No.4: Plot No.28, South Avenue, admeasuring 3200 sq. feet, comprised in Survey No.58, 59 of Village – Tejpur Gadbadi, purchased vide registered sale deed dated 24.2.1997.

Appellant No.5: Plot No.47, South Avenue, admeasuring 3395 sq. feet, comprised in Survey No.56 of Village – Tejpur Gadbadi, purchased vide registered sale deed dated 4.4.1997.

Appellant No. 6: Plot No.29, South Avenue, admeasuring 3600 sq. feet, comprised in Survey No.58 of Village – Tejpur Gadbadi, purchased vide registered sale deed dated 21.01.1997.

3. Subsequent to the execution of the sale deed, the Collector District Indore vide notices issued in the month of September, 2001 informed the appellants that as per the proceedings commenced in 130/v 90/C-1/76-77 the possession of the aforementioned plots had been taken by the State Government by considering it as an excess land under the provisions of Urban Land (Ceiling & Regulations) Act, 1976 (hereinafter referred to as the 'Act of 1976') and further if the appellants wish to get their plots regularised as per the policy decision of the State Government dated 3.2.2000, they were required to pay the amounts as prescribed and required in the notice. As soon as the appellants were made aware of the fact that their plots were under the scan of the Act of 1976 due which the possession of the said land had already been obtained by the State Government by way of paper Panchanama, the present appellants sought enquiry into the matter because the physical possession of the plots were never obtained by the State Government. Moreover, neither the present appellants nor their predecessors in title were served any notice under section 10(5) of the Act of 1976 and till date they are holding the physical possession of the aforementioned plots. Subsequently, on initiation of proceedings by the District Collector, Indore for getting their plots regularized, the appellant No. 1 deposited a sum of Rs. 5,05,477/-, appellant No. 2 deposited a sum of Rs. 4,09,847/-, appellant No. 3 deposited a sum of Rs. 4,55,385/- and similarly appellants No. 4, 5 and 6 deposited Rs. 4,16,352/-, Rs. 4,41,723/- and 4,63,396/- respectively.

4. Thereafter, appellants were under assumption that their plots will be regularized in terms of the policy dated 3.2.2000 of the State Government. But no such action was taken due to which the appellants submitted representations in the Samadhan Shivir in 2004, 6.6.2006, 22.2.2008, 27.2.2008, 12.3.2009 and 14.7.2010 which evoked no response.

5. Despite the representations submitted by the appellants, the State Government did not regularize their plots, therefore, being aggrieved the appellants filed Writ Petition No. 9264/2011 before this Court which was disposed of vide order dated 9.4.2012 directing the appellants to file app