Prakash Shrivastava,J. - (1.)By this petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order of the Additional Commissioner, Bhopal Division, Bhopal (M.P.) dated 04.08.2020 whereby the appeal has been dismissed and the order of the Sub Divisional Officer as well as Tehsildar has been affirmed.
(2.)The brief facts are that the respondent No.5 had filed an application before the Tehsildar under Section 250 of the M.P. Land Revenue Code, 1959 (in short 'the Code') with the plea that he is the owner of the land in question and the petitioner No.1 - Raghuveer Singh had encroached upon an area of 0.705 hectare and petitioner No.2- Om Parakash had encroached upon an area of 1.156 hecare, hence the relief of eviction of the petitioners from the encroached area was claimed. The Tehsildar after giving opportunity to both the parties by the order dated 22.08.2019 had found the petitioners to be encroachers and, therefore, had passed the order of eviction against them. Against this order, the petitioners had preferred an appeal before the Sub Divisional Officer, which was dismissed by order dated 15.11.2019. These orders were subject matter of challenge in second appeal before the Additional Commissioner, who by the impugned order dated 04.08.2020 has dismissed the appeal.
(3.)Learned counsel for the petitioners submits that the disputed property is ancestral property and no partition has taken place, therefore, all the parties have equal share and since no map was produced, therefore, the demarcation could not be done.