O R D E R

(Passed on 01.10.2020)

Petitioners have filed the present petition being aggrieved by the order dated 25.06.2018 passed by the Tahsildar, order dated 04.04.2019 passed by the Sub Divisional Officer and the order dated 08.08.2019 passed by the Additional Commissioner, Indore whereby an application filed under section 250 of the M.P Land Revenue Code, 1959 (hereinafter referred to as 'the MPLRC') for restoration of possession of land bearing survey No.66/2/K, area 0.70 hectare filed by respondent No.3 has been allowed and appeals filed by the petitioners have been dismissed respectively.

Facts of the case are as under:

2. Petitioners are residents of village Khajrana, Tahsil and District Indore and according to them, they are in possession/occupation of the plots, tin sheds and the houses situated in the colony called Krishnabag colony, Sector-C developed on the land part of survey No.66, Gram Khajrana, Tahsil & District Indore. Out of 30 petitioners, only six have registered sale deeds in their favour and some of them have Notarized sale deeds in their favour. The details of the petitioners No.4, 5, 13, 17, 18 & 27 are as under:

Rest of the petitioners have filed electricity bills issued by the M.P Paschim Kshetra Vidyut Vitaran Company, Adhar Cards, property tax receipts issued by the Municipal Corporation, Indore, photographs etc. in order to establish their possession and construction of houses therein.

3. Respondent No.4 is a registered firm engaged in the business of construction and development of the land. The respondent No.4 vide registered sale deed dated 31.03.2003 purchased the agriculture land measuring 15.039 hectares comprising of 16 different survey numbers from Nyay Vibhag Karmchari Grih Nirman Sahkari Sanstha Maryadit, Indore (hereinafter referred to as 'the Nyay Vibhag'). After execution of the sale-deed, the respondent No.4 applied for mutation in the revenue records in the year 2003-04 and vide order dated 25.05.2006 in Case No.65/A-3/2006-06 the name had been mutated in the revenue record.

4. Respondent No.4 filed an application for demarcation of the land bearing survey No.66/2/a, 73/4/2, 74, 75/3, 83/2 & 84/2 and the Revenue Inspector registered it as case No.13A-12/16 & 17. Vide order dated 06.02.2012 a direction was issued to the Patwari to conduct the demarcation of above survey numbers. The Patwari visited the spot and prepared two Panchnamas dated 15.12.2016 & 28.12.2016. He carried out demarcation of the aforesaid land in part and vide Panchanama dated 15.12.2016 observed that the remaining proceeding would be completed after issuing notice to the neighboring account holders. Thereafter, on 28.12.2016 he observed that on the spot at survey No.66/2/K various houses are constructed and prepared the list of dwellers. After concluding the demarcation of the above lands the Patwari submitted its report mentioning the name of as many as 70 dwellers ( Including writ petitioners). Based on the report submitted by the Patwari, the Tahsildar vide order dated 17.01.2017 upheld the demarcation concluded the proceedings.

5. That in the year 2018 the respondent No.3 filed an application under section 250 of the MPLRC before the Tahsildar, Vijaynagar Zone, Indore against 62 occupiers for possession of the land Sr.No. 66/2K. The Tahsildar registered the application as case No.04/A-70/2017-18. The notices were issued to 62 no