ORDER

This Miscellaneous Petition is filed being aggrieved of order dated 18/09/2023 passed by the Additional Commissioner, Sagar Division Sagar in Case No. 0739/appeal/A-70/22-23 whereby second appeal filed on behalf of Chandrapal Lodh who is the present petitioner under Section 44 (2) of the M.P. Land Revenue Code being aggrieved of the orders of the Sub Divisional Officer, Ajaygarh in Case No. 0026/appeal-2022-23 dated 29/11/2022 has been rejected.

Petitioner's contention is that petitioner had received part of the land contained in Survey No. 2195/1/3 and, therefore, they have moved an application under Section 178 of the Madhya Pradesh Land Revenue Code for demarcation. Order of demarcation is available on record as Annexure P-10. In the Seemankan Panchnama, it is mentioned that the land was in possession of Raja Dharampal S/o Bhagwat Prasad on the basis of ancestral possession.

There is no finding of encroachment in the hands of Raja Dharampal or anybody else on the suit land contained in Survey No. 2195/1/1 measuring

0.186 hectares and taking these facts into consideration, then no encroachment was found, then the authorities were justified in dismissing the application under Section 250 of the Madhya Pradesh Land Revenue Code and the appeals originating from that order.

Thus, there being no illegality in the said order, the Miscellaneous Petition fails and is dismissed.

(VIVEK AGARWAL) JUDGE vy