ORDER

Matter is heard finally with the consent of parties.

Heard on I.A. No. 1964/2022, an application seeking grant of leave to file appeal under Section 2(1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the final order dated 08.03.2018 passed in W.P. 9293/2010. The said I.A. Has been filed by the appellant in W.A. No. 255/2022. Regard being had to the similitude of the controversy involved in the aforesaid appeals, they have been heard analogously and disposed of by this singular order. Both W.A. No. 1627/2018 and W.A. No. 255/2022 are heard analogously and disposed off by this common order.

This intra court appeal under Section 2(1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 assails the order dated 08.03.2018 passed in W.P. No. 9293/2010 whereby the learned Single Judge is dismissed the writ petition as well as the review petition.

2. Facts of W.A. No. 1627/2018 Brief facts of the case are that the appellant had filed a writ petition seeking quashing of proceedings in respect of land bearing Survey No. 1307/2 admeasuring 0.395 hectares(14000 sq. ft) land situated at Village Khajrana Teh & Distt. Indore. Earlier, the aforesaid land was owned by one Mr. Devikrishna S/o Saligram. Since the year 1972-73, Shri Parmanand, Puranlal and Bharatlal were in possession and had legally acquired ownership rights and recognizing such ownership rights by the order passed by the competent authority. Thereafter, their names were duly mutated in the revenue records in the year 1978. Shri Parmanand & others applied for diversion of the aforesaid land for residential purposes which was allowed vide order dated 14.03.1983. The land owner Shri Parmanand & others had filed necessary statements u/S 6 of the Urban Land (Ceiling and Regulation) Act, 1976[referred to as “the Act of 1976”] and a case was registered as Case No. 149/P-90/C-1/8283, in which after due inquiry, the respondent no.2 had passed an order holding that the land in question does not fall within the ambit of provisions of the Act of 1976. On 24.10.1986, Shri Parmanand and others obtained permission for construction from Indore Municipal Corporation. Thereafter, the land owners Shri Parmanand and others sold the aforesaid land in question to Shri Yeshwant Sankla vide registered sale deed dated 05.11.1988. Shri Sankhla sold the land in question to Mrs. Girija Agrawal vide registered sale deed dated 12.10.1992 who had also obtained permission for construction from the Indore Municipal Corporation on 20.11.1993. Thereafter, Mrs. Girija Agrawal sold a part of land i.e. 2945.375 sq.ft. with pakka shed to one Kushiram vide registered sale deed dated 15.05.2000 and had sold the other part of the land i.e. 7890.75 sq. ft by registered sale deed dated 05.04.2004 to the appellants. The appellants herein obtained permission for construction from the Indore Municipal Corporation dated 19.04.2007. A total area of Survey no. 1307 admeasuring 42,000 sq ft. which stood divided in three different parts. Out of the aforesaid total land, 14,000/- sq.ft is owned by the appellant. Another 14,000 sq. ft. was owned by one Mrs Monika Sankhla and another 14000 sq ft of the land is owned by Gurvindar Bhatia. The aforesaid land was shown to be affected by ceiling proceedings in the revenue records. The respondent no.2 declared the aforesaid land as surplus in reopened proceedings Case No. 391/A-90/C-1 and consequently, in the revenue records, since the action of respondent no.2 was an illegal, inoperative and without jurisdiction. Therefore W.P. No. 9293/2010 was filed.

3. Facts of W.A. No. 255/2022 The appellant in this case had also purchased land admeasuring 14,320 sq.ft. Some part of the aforesaid land bearing Survey No. 1307/2 situated at Village Khajrana Teh and Distt. Indore was purchased vide registered sale deeds da