ORDER

1]

This writ petition has been filed by the petitioners under Article 226 of the Constitution of India against the order dated 28/08/2021, passed by respondent No.1 Additional Commissioner, Indore Division Indore whereby the order dated 26/08/2021, passed by the Sub Divisional Officer (Revenue) has been set aside and the appeal preferred by the private respondents has been allowed. The aforesaid order dated 26/08/2021 was passed in an appeal preferred under Section 44 of the Land Revenue Code against the order dated 10/02/2021, passed by the Tehsildar, dismissing the application under Section 250 of the M.P. Land Revenue Code filed by respondents No.4 and 5. 2]

In brief, the facts of the case are that the petitioners herein had purchased certain lands at survey No.11/2, 11/2/4, 11/2/1 and 11/2/3 vide four registered sale deeds executed between 1991 to 2011.

Thereafter, the land of the petitioners was diverted in the year 1998, and the petitioners have established a ginning factory in the name and style of Paridhi Ginning. It is the case of the petitioners that on 19/08/2014, an agreement to sale was entered into between the respondents No.4 and 5 with their predecessor-in-title in respect of land situated at survey No.11/2/5/3/5 admeasuring 0.501 hectare, and subsequently, the sale deed was also executed on 06/09/2014.

Thereafter, respondents No.4 and 5 applied for demarcation of the said land and the Tehsildar, vide its order dated 11/05/2015, allowed the same, however, the aforesaid order was challenged by the petitioners before the Board of Revenue, who, vide its order dated 24/05/2017, remanded the matter back to the Tehsildar directing to constitute a demarcation team and pass a fresh order, and thus, the second order of demarcation was passed on 04/07/2018 and thereafter on 16/08/2018 also, another demarcation order was passed by Tehsildar in favour of private respondents which was challenged by the petitioners in revision before the Collector, who vide its order dated 24/05/2019, has rejected the same, and thereafter the aforesaid order was challenged by the petitioners in writ petition being W.P. No.11914/2019 challenging the demarcation report dated 16/08/2018, and the order dated 24/05/2019, and this Court dismissed the writ petition vide its order dated 12/02/2020, also observing that no illegality has been committed by the Revenue Authorities in passing the order dated 16/08/2018 and 24/05/2019, however, with liberty reserved to the petitioners to take recourse of civil remedy for declaration of his title.

3]

In the meantime, since the respondents No.4 and 5 had already applied for taking possession of their land under Section 250 of the Land Revenue Code, the order was passed by the Tehsildar on 10/02/2021, dismissing the application filed by the private respondent. The aforesaid order dated 10/02/2021, was again challenged by respondents No.4 and 5 in an appeal preferred before the Sub Divisional Officer, who vide its order dated 26/08/2021, has affirmed the order passed by Tehsildar, however, when the appeal was preferred by respondents under Section 44 of the M.P. Land Revenue Code before the Commissioner, Indore vide order dated 28/08/2023, the Commissioner has reversed the order passed by the SDO, and has held that the respondents are entitled to the possession under Section 250 of the M.P. Land Revenue Code and thus, being aggrieved of the aforesaid order dated 28/08/2023, the present writ petition has been filed.

4]

Shri Vijay Asudani, learned Counsel for the petitioners has submitted that the Commissioner has erred in passing the impugned order on the ground that this Court has affirmed the order of demarcation dated 16/08/2018, and also observing that the petitioners have not challenged the aforesaid order. Counsel has submitted that even though the petitioners have not filed any civil suit seeking declarat