O R D E R

( Delivered on this 16 ^th December, 2020)

Per S. C. Sharma, J.:

The appellant before this Court has filed present writ appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 being aggrieved by order dated 01/10/2020 passed by learned Single Judge in Miscellaneous Petition No.5156/2019 (Smt. Sunita W/o Rajesh Bairagi & 29 Others Vs.

State of Madhya Pradesh & Others).

02- The facts of the case as stated in the writ appeal reveal that the respondent No.4 claiming himself to be the owner of land bearing Survey No.66/2/K admeasuring 0.720 hectares, 73/4/2 admeasuring 0.315 hectares, 74 admeasuring 0.523 hectares, 75/3 admeasuring 0.396 hectares, 83/2 admeasuring 0.554 hectares and 84/2 admeasuring 0.683 hectares has filed an application for demarcation of land and the demarcation was carried out with the aid of T.S.M. machine on 15/12/2016. The demarcation report was submitted by the Revenue Inspector and Patwari to the Tehsildar and based upon the demarcation report the respondent No.4 has preferred an application under Section 250 of the M. P. Land Revenue Code, 1959 (hereinafter referred to as the “MPLRC”) for restoration of possession of the land bearing Survey No.66/2/K area 0.70 hectare.

03- The application preferred by respondent No.4 was allowed by an order dated 25/06/2018 by the Tehsildar against which an appeal was preferred by the present appellants and the Sub Divisional Officer has dismissed the appeal by an order dated 04/04/2019. Thereafter, a second appeal was preferred before the Additional Commissioner and he has also dismissed the appeal by an order dated 08/08/2019, meaning thereby, the Tehsildar, the Sub Divisional Officer and the Additional Commissioner have decided against the present appellants.

04- The present appellants being aggrieved by order dated 25/06/2018, 04/04/2019 and 08/08/2019 passed by Tehsildar, the Sub Divisional Officer and the Additional Commissioner respectively have preferred a miscellaneous petition i.e. Miscellaneous Petition No.5156/2019 and the learned Single Judge has dismissed the miscellaneous petition by an order dated 01/10/2020.

05- A review petition was also preferred in the matter by the present appellants and the same was registered as Review Petition No.1127/2020 (Sunita and Others Vs. The State of Madhya Pradesh and Others) and after arguing at length the learned counsel for the petitioners withdrew the review petition. It was withdrawn on 07/12/2020.

Now a writ appeal has been preferred in the matter.

06- The facts as stated in the writ petition and writ appeal reveals that the petitioner came up before the learned Single Judge stating that they are residence of Village Khajrana, Tehsil and District Indore. It was further stated that they are in possession / occupation of plots, tin sheds and the houses situated in a colony called “Krishnabag Colony, Sector-C”, which is located on the land bearing Survey No.66, Village Khajrana, Tehsil and District Indore.

07- The documents on record and the findings arrived at by the learned Single Judge reveals that out of 30 petitioners, only 06 have registered sale deed in their favour through some Power of Attorney holder and some of them have notarized sale deed in their favour. The other petitioners have Electricity bills, Aadhaar Card, Property Tax receipts, etc. in order to support the averments that they are in possession of houses / dwelling places constructed by them.

08- The respondent No.4 has purchased the land measuring 15.039 hectares comprising of 16 different survey numbers from Nyay Vibhag Karmchari Grih Nirman Sahakari Sanstha Maryadit, Indore vide registered sale deed dated 31/03/2003. The respondent No.3, thereafter, applied for mutation in the revenue records for the year 2003-

04 and an order was passed on 25/05/2006 in Case No.65/A-3/2006 and the name of respondent No.4 was mutated in the revenue record.

09- The facts of the case further reveal that respondent