IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA WRIT PETITION No. 20216 of 2023 BETWEEN:-

SMT. NAYANA PATEL W/O SHRI JAYESH PATEL, AGED ABOUT 55

1. YEARS, OCCUPATION: SOCIAL SERVICE 29/5 SOUTH TUKOGANJ DISTRICT INDORE (MADHYA PRADESH)

SMT. RUKHMABAI W/O LATE SHRI KAILASH, AGED ABOUT 50

2. YEARS, OCCUPATION: HOUSEWIFE BEGAMKHEDI TEHSIL INDORE (MADHYA PRADESH)

SHRI SOHAN S/O LATE SHRI KAILASH, AGED ABOUT 33 YEARS, 3. OCCUPATION: FARMER BEGAMKHEDI TEHSIL INDORE (MADHYA PRADESH)

.....PETITIONER (SHRI VIVEK DALAL, LEARNED COUNSEL FOR THE PETITIONERS.)

AND THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL

1. SECRETARY DEPARTMENT OF REVENUE VALLBH BHAWAN, DISTRICT BHOPAL (MADHYA PRADESH)

THE COLLECTOR OFFICE OF COLLECTOR, COLLECTORATE

2. INDORE MOTI TABELA, TEH. AND DIST. INDORE (MADHYA PRADESH)

THE ADDITIONAL DISTRICT COLLECTOR OFFICE OF

3.

COLLECTOR, COLLECTORATE INDORE (MADHYA PRADESH)

THE SUB DIVISIONAL MAGISTRATE TEHSIL BICHOLI HAPSI, 4. COLECTORATE INDROE, MOTI TABELA, INDORE (MADHYA PRADESH)

THE TEHSILDAR TEHSIL BICHOLI HAPSI, TEHSIL BICHOLI

5. HAPSI, COLECTORATE INDROE, MOTI TABELA, INDORE (MADHYA PRADESH)

M/S BRILLIANT SARE REALITY PVT. LTD. THROGH ITS

6. AUTHORIZED SIGNATORY REGD. OFFICE AT 17, RACE COURSE ROAD, INDORE (MADHYA PRADESH)

.....RESPONDENTS (SHRI SUDARSHAN JOSHI, LEARNED GOVT. ADVOCATE FOR THE RESPONDENTS/STATE.

(SHRI RAVINDRA SINGH CHHABRA, SENIOR ADVOCATE WITH SHRI KAMAL NAYAN AIREN, ADVOCATE FOR THE RESPONDENT NO.6)

Reserved on : 25.08.2023 Pronounced on : 05.09.2023.

This petition coming on for hearing this day, the court passed the following:

ORDER

The petitioners have filed the present petition challenging the validity of order dated 27.7.2023 passed by Additional Collector, Indore in Revision No.31/Nigrani/2022-23 and 6/Nigrani/2023-24 whereby order dated 7.6.2023 passed by Sub Divisional Officer and order dated 30.7.2014 passed by Additional Tehsildar, Bicholi Hapsi, District Indore have been set aside.

1. Late Deva and others were the owners of several agricultural lands including the land bearing Survey No. 454/15 area 4.66 Hect. situated at Village Bicholi Hapsi, Tehsil & District Indore. In the year 1983-89, it was divided into Survey Nos. 454/15/1, 454/15/2 and 454/15/3. Survey Nos. 454/15/1 area 0.943 Hect. and 454/15/2 area 0.315 Hect. Total 1.258 Hect. were purchased by M/s. Brilliant Estates Ltd. from Santosh S/o. Tukaram vide registered sale-deed dated 23.12.2005. Thereafter, vide order dated 28.12.2005 the name of M/s. Brilliant Estates Ltd. was mutated in the revenue record. Vide registered sale-deed dated 13.10.2006, M/s. Brilliant Estates Ltd. sold the aforesaid land to Brilliant Sare Reality Pvt. Ltd., respondent No.6 herein. The name of respondent No.6 was mutated in the revenue record vide order dated 1.1.2008 passed by Additional Tehsildar for the land bearing Survey Nos. 454/1/5/3. Rin Pustika was also prepared. Vide order dated 27.3.2008, Joint Director, Town & Country Planning granted permission for commercial and residential use of the land. Vide order dated 2.7.2008, the Sub Divisional Officer has diverted the land for commercial and residential use. Thereafter, vide order 17.3.2009, the demarcation was carried out by the Revenue Inspector, Circle-5, and a field book was also prepared. The petitioners claimed possession and stated that they never sold the land to anyone. On 3.8.2022, they came to know that new Survey No. 454/15/3 has been created in place of land bearing Survey No. 454/1/5/3. They further inquired and came to know that vide order dated 30.7.2014, the Additional Tehsildar has mutated the name of present petitioners for the land bearing Survey No. 454/15/3, 42/1/5, 42/1/7 area 0.633, 0.134 Hect. Respondent No.6 filed an appeal challenging the aforesaid order before the Sub Divisional Officer on 7.6.2023 in which notices were issued. Thereafter, respondent No.6 moved the second revision petition u/s. 50 before respondent No.3 on 8.6.2023. Respondent No.6 als