Kunwar Vikram Singh vs Board Of Revenue
2021 Latest Caselaw 8523 MP

                                                                      1                              MP-1649-2018
                                        The High Court Of Madhya Pradesh
                                                  MP No. 1649 of 2018
                                              (KUNWAR VIKRAM SINGH Vs BOARD OF REVENUE AND OTHERS)


                                Jabalpur, Dated : 09-12-2021
                                      Shri R.K. Verma, Senior Advocate with Shri Saurabh Shrivastava,

                                learned counsel for the petitioner.
                                      Shri Ajay Kumar Shukla, learned counsel for respondent No.2.

Heard finally with the consent of both the parties. This petition under Article 227 of the Constitution of India has been

filed assailing the validity, legality and proprietary of the order dated 14.09.2007 passed in Case No.05/A-6/2006-2007 by the Tehsildar, Chhatarpur, District Chhatarpur (Annexure P/3), order dated 24.02.2009 passed in Appeal No.41/Appeal/2007-2008 by the Sub-Divisional Officer, Chhatarpur (Annexure P/6), order dated 05.09.2017 passed in Appeal No.577/B-121/2008-2009 by the Additional Commissioner, Sagar, Division Sagar (Annexure P/8) and order dated 22.11.2017 passed in Case No.1/Revision/Chhatarpur/Land Revenue/2017/3932 by Board of Revenue, Gwalior, District Gwalior (Annexure P/9).

The brief facts leading to filing of this case are that respondent No.2 filed an application under Section 109-110 of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as "Code") before the Tehsildar seeking mutation of her name on the ground that a will was executed by Late Maharaja Bhawani Singh Judev in her favour in respect of the land in question. The said application was filed against Late Maharaja Bhawani Singh Judev, who expired on 12.09.2006 meaning thereby a case was filed against a dead person. The Tehsildar without extending reasonable opportunity to cross-examine the attesting witness of the will, passed the impugned order dated 14.09.2007.

Learned senior counsel appearing for the petitioner submitted that on perusal of the order sheets, it is clear that the impugned orders have been passed by preponing the dates without informing the petitioner. From perusal Signature Not Verified SAN

Digitally signed by VARSHA CHOURASIYA Date: 2021.12.11 16:59:20 IST 2 MP-1649-2018 of the order passed by the Sub-Divisional Officer in appeal, it is also clear without considering the reasons assigned in the application under Section 5 of the Limitation Act, the appeal has been dismissed on the ground of limitation by miscalculating the period of limitation as the delay was of about 12 days only whereas the S.D.O. has considered the delay to be of 43 days. The

Additional Commissioner as well as the Board of Revenue have not considered the case of the petitioner which has resulted into miscarriage of justice. Therefore, this petition has been filed seeking quashment of the impugned orders.

Learned senior counsel appearing for the petitioner contended that according to Section 47 of the Code, the period of limitation is 45 days. The Tehsildar passed the order on 14.09.2007. The petitioner applied for certified copy of the same on 28.09.2007. The certified copy was delivered on 15.11.2007. He further contended that if the copying days are excluded then there is delay of only 10 days in filing the appeal which ought to have been condoned by the Tehsildar. The Additional Commissioner as well as Board of Revenue also failed to consider this aspect. Moreover, no orders could have been passed against a dead person (Maharaja Bhawani Singh Judev), who expired on 12.09.2006. As such, all the impugned orders deserve to be set aside.

In support of his contention, learned senior counsel appearing for the petitioner relied upon the judgment reported in AIR 1988 SC 897 in the case of G. Ramegowda, Major etc. v. The Special Land Acquisition Officer, Bangalore and Basavalingappa v. The Special Land Acquisition Officer, Bangalore as well as the judgment reported in AIR 1987 SC 1352 in the case of Naubat Ram Sharma v. Additional District Judge II, Moradabad and others.

On the other hand, learned counsel for respondent No.2 supported the orders and submitted that the authorities below have rightly rejected the

Signature Not Verified application and as such, no interference is called for. The petition deserves SAN

Digitally signed by VARSHA CHOURASIYA Date: 2021.12.11 16:59:20 IST 3 MP-1649-2018 to be dismissed. He further submitted that the petitioner has not portrayed the correct picture in this petition and has suppressed the material facts. The petitioner failed to explain the delay. Therefore, the authorities below have rightly dismissed all the cases filed by the petitioner. No case is made out warranting interference by this Court in exercise of its extraordinary writ jurisdiction. The petition, being bereft of merits and substance, deserves to be dismissed.

Heard the learned counsel for the parties.

On perusal of the records of the case and the orders passed by the authorities below, it is seen that the Tehsildar had rejected the case vide order dated 14.09.2007 even without impleading the petitioner as a party and

granting opportunity of hearing. The application was dismissed on the ground of delay by miscalculating the period of limitation inasmuch as the copying days were not deducted from the delay. On calculating the same, the delay appears to be only of 10 days which is condonable. Accordingly, the delay in filing the application is hereby condoned. As a consequence, all the impugned orders dated 14.09.2007, 24.02.2009, 05.09.2017 and 22.11.2017 are quashed and set aside. The matter is remanded back to the Tehsildar, Tehsil and District Chhatarpur to reconsider the application on merits as expeditiously as possible.

The petition stands allowed to the extent indicated hereinabove. No order as to costs.

(S. A. DHARMADHIKARI) JUDGE

vc

Signature Not Verified SAN

Digitally signed by VARSHA CHOURASIYA Date: 2021.12.11 16:59:20 IST