ORDER

This petition under Article 226 of Constitution of India has been filed seeking following reliefs:

“(i) Hon’ble Court may kindly be pleased to quash impugned order dt.24.11.21 (Ann.P/1) passed by the respondent no.3

S.D.O. (Revenue) Hoshangabad in Revenue Case no.202/B/121 Year 2021-22 as well as to quash entire proceedings pending before the respondent no.4 Naib Tehsildar, Hoshangabad (Rural) by virtue of aforesaid impugned order dt.24.11.21 relating to re-sub- division (Punarbatankan/Batankan) with respect to the area 1.573 Hectare out of Khasra no.161/2 belongs to the ownership of respondent no.5,

in the interest of justice.

(ii) Any other relief which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be issued in favour of the petitioners along with cost of the petition.”

2. It is submitted by counsel for petitioners that respondent No.5 was the owner of Khasra No.161/2 area 3.88 hectares out of which 1.619 hectares of land was sold to petitioners by registered sale deed dated 31.05.2016. A registered agreement was also executed between the parties on 31.05.2016 to the effect that so far as the remaining part of Khasra No.161/2 is concerned, petitioners would develop the property and would take necessary permissions from the Departments and respondent No.5 will bear the expenses of development and expenses for taking necessary permissions. It was further agreed upon that this agreement would be without any consideration amount and respondent No.5 shall remain in possession and owner of remaining part of Khasra No.161/2 and he would be free to alienate the same to anybody. Petitioners after developing the land will not have any share in the profit or in the consideration amount, which may be earned by respondent No.5 after alienating the same. It was further agreed that petitioners shall not have any right to alienate the remaining part of land or to retain the possession of the same and the entire rights to alienate the remaining part of Khasra No.161/2 shall remain with respondent No.5.

3. It is submitted by counsel for petitioners that an application was filed by petitioners on behalf of respondent No.5 for demarcation of Khasra No.161/2 area 3.88 hectares. Thereafter, petitioners also filed an application for demarcation of Khasra No.161/7 area 1.619 hectares. It is submitted that Khasra No.161/7 was the piece of land, which was purchased by petitioners from respondent No.5 and it was the part of original Khasra No.161/2. It is submitted that demarcation on the application filed by petitioners was conducted by Revenue Inspector and on 24.07.2016, the demarcation report was also submitted alongwith the map in which Khasra No.161/7 was shown, which is of diamond in shape. Similarly, application filed by petitioners on behalf of respondent No.5 was also decided by Revenue Inspector by report dated 24.07.2016 and a similar map was prepared also showing the land of petitioners, which was purchased by them. Later on, respondent No.5 once again filed an application on 07.04.2021 for sub division of land and by impugned order dated 14.06.2021 passed by SDO, Hoshangabad in Revenue Case No.202 B/121/2021-22 matter has been remanded back to Naib Tahsildar, Hoshangabad Rural to decide the question of sub division afresh after giving an opportunity of hearing to all the necessary parties.

4. Challenging the order passed by Sub Divisional Officer, Hoshangabad, it is submitted by counsel for petitioners that by the impugned order, the SDO, Hoshangabad has cancelled the sub division, which was done by Revenue Inspector while demarcating the land and unless and until the sub division is set aside, no fresh demarcation can be ordered. By referring to Section 68 of MPLR Code, as amended by Madhya Pradesh Land Revenue Code (Amendment) Act, 2018, it is submitted by counsel for petitioners that as per proviso to sub-section (2) of Section 68, no division or amalgamation of block numbe