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2024 Supreme(Online)(MP) 3398

HIGH COURT OF MADHYA PRADESH
Lakhan Singh – Appellant
Versus
Harikishan (Died) Through Its Lrs. Ghisilal – Respondent


Advocates:
Smita Varma,Advocate General

ORDER

The present petition has been filed challenging the orders Annexures P-1, P-2 and P-3 issued by the Additional Commissioner, Sub Divisional Officer and Tahsildar respectively.

2. Learned counsel for the petitioner has submitted that by the order Annexure P-3, the Additional Tahsildar has ordered the restoration of possession of the respondent Nos.1 to 5 on land measuring 0.03 hectare stated to be part of survey No.659. The said order Annexure P-3 has been confirmed in appeal by the Sub Divisional Officer vide Annexure P-2 and the second appeal has also been rejected by the Additional Commissioner, Bhopal Division vide Annexure P-1 dated 23.08.2021. Learned counsel for the petitioner further submits that the basis for holding that the present petitioner has improperly dispossessed the present respondent Nos.1 to 5 is one demarcation report dated 03.04.2010, wherein it has been found that on an area of 0.03 hectare in survey No.659, there is unauthorized possession of the present petitioner. This demarcation report has been placed on record by the respondent Nos.1 to 5 along with document No.13405/2023.

3. The case of the petitioner is that the predecessor of the responden


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