The petitioners have filed the present petition under Article 226 of the Constitution of India challenging the notice dated 29.01.2010 (Annexure-P/1), whereby the Additional Collector & Competent Authority under the Urban Land (Ceiling & Regulation) Act, 1976 (in short ULCR Act) directed them to remove the encroachment from the land bearing Survey No.310 area 0.509 hectare, Village – Tejpur Gadbadi, District – Indore.

02. Vide order dated 18.03.2015, writ petition was allowed by the Writ Court by holding that the Kabza Panchnama dated 27.02.1984 is merely a paper possession, made only for the purpose of completing the paper formalities, hence, now the possession cannot be taken from the petitioner. accordingly, impugned notice dated 09.01.2010 was set aside.

03. Being aggrieved by the aforesaid order, the State of Madhya Pradesh preferred W.A. No.125 of 2017. Vide order dated 10.10.2017, the Division Bench of this Court has held that the learned Single Judge did not decide the preliminary objection raised by the State Government in respect of the inordinate delay of 26 years in filing the writ petition, hence, set aside the order dated 18.03.2015 and remanded the matter back;