Lavkush Kushwaha Adopted vs The Addititonal Commissioner
2023 Latest Caselaw 2394 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                          ON THE 10 th OF FEBRUARY, 2023
                                           MISC. PETITION No. 644 of 2023

                          BETWEEN:-
                          LAVKUSH   KUSHWAHA    ADOPTED   S/O   LATE
                          SHOBHNATH KACHHI, AGED ABOUT 23 YEARS,
                          OCCUPATION: FARMER DUBGAWAN POLICE STATION
                          AND TEHSIL HANUMANA DISTRICT REWA (MADHYA
                          PRADESH)

                                                                            .....PETITIONER
                          (BY SHRI D.S. DUBEY - ADVOCATE )

                          AND
                          1.    THE ADDITITONAL COMMISSIONER       REWA
                                DIVISION REWA (MADHYA PRADESH)

                          2.    SUB DIVISIONAL OFFICER (R) HANUMANA
                                DISTRICT REWA (MADHYA PRADESH)

                          3.    TEHSILDAR TEHSIL HANUMANA DISTRICT REWA
                                (MADHYA PRADESH)

                          4.    LALLI D/O SHOBHNATH W/O NACHKAU, AGED
                                ABOUT 50 YEARS, OCCUPATION: HOUSEWIFE R/O
                                VILLAGE GOURI AT PRESENT KONI (HATA) P.S.
                                AND TEHSIL HANUMANA DISTRICT REWA
                                (MADHYA PRADESH)

                          5.    MUS.   MOHANA     D/O   SHOBHNATH     W/O
                                RAMCHARAN,    AGED    ABOUT   46   YEARS,
                                OCCUPATION: HOUSEWIFE R/O VILLAGE GOURI
                                AT PRESENT KONI (HATA) P.S. AND TEHSIL
                                HANUMANA     DISTRICT    REWA    (MADHYA
                                PRADESH)

                          6.    RAJWANTI W/O SITARAM KACHHI, AGED ABOUT
                                60   YEARS, OCCUPATION: HOUSEWIFE R/O
                                VILLAGE   DUVGAWA     P.S.  AND   TEHSIL
                                HANUMANA     DISTRICT     REWA  (MADHYA
                                PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 2/11/2023
5:16:54 PM
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                          7.    KASI PRASAD S/O SHIVDHARI KACHHI R/O
                                VILLAGE GOURI TEHSIL HANUMANA DISTRICT
                                REWA (MADHYA PRADESH)

                          8.    SUDARSHAN PRASAD S/O KAMLA PRASAD R/O
                                VILLAGE GOURI TEHSIL HANUMANA DISTRICT
                                REWA (MADHYA PRADESH)

                          9.    MUNNALAL PRASAD S/O KAMLA PRASAD R/O
                                VILLAGE GOURI TEHSIL HANUMANA DISTRICT
                                REWA (MADHYA PRADESH)

                          10.   RAMSUSHIL S/O KAMLA PRASAD R/O VILLAGE
                                GOURI TEHSIL HANUMANA DISTRICT REWA
                                (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SHRI GAJENDRA PARASHAR - PANEL LAWYER FOR STATE )

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                             ORDER

This miscellaneous petition has been preferred by the petitioner Lavkush challenging the order dated 22.12.2022 (Annexure P/7) passed by Additional Commissioner, Rewa Division, Rewa affirming the order dated 26.07.2018 passed by SDO, Tahsil Hanumana, District Rewa, whereby SDO had set aside the order dated 15.12.2016 passed by Tahsildar, Tahsil Hanumana, District Rewa, whereby Tahsildar upon joint application allegedly filed by all the share holders/successors of deceased Somnath, ordered mutation of the name of petitioner in the revenue record in place of deceased Somnath.

2. Learned counsel for the petitioner submits that the petitioner was adopted by late Somnath and Rukmani and his adoption was challenged by the respondents 4-5 Lalli and Mohana by filing civil suit which was dismissed vide judgment and decree dated 27.08.2016 and this judgment has further been affirmed by first appellate Court vide judgment and decree dated 21.01.2022 in Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 2/11/2023 5:16:54 PM

Civil Appeal no.88-A/16 by 2nd District Judge, Mauganj, District Rewa, therefore, the order of mutation dated 15.12.2016 passed by Tahsildar should be upheld. Accordingly, he prays for allowing this petition.

3. Learned counsel appearing for the respondents 1-3/State supports the impugned orders.

4. Heard learned counsel for the parties and perused the record.

5. Undisputedly, the land in question belonged to late Somnath, who was survived by his wife Rukmani and three daughters Rajmati, Lalli and Mohana. It has come on record that Somnath and Rukmani adopted the petitioner - Lavkush, who is son of Rajmati and the adoption has been found proved by Civil Court by judgment and decree dated 27.08.2016 and 21.01.2022.

6. As such, in my considered opinion, after adoption of Lavkush by late Somnath and Rukmani, the rights of respondents 4-5 Lalli and Mohana were not extinguished and effect of adoption is that now there are five legal heirs of late Somnath i.e. Rukmani, Rajmati, Lalli, Mohana and Lavkush, therefore, the order of mutation and partition in the name of petitioner only, cannot be said to be legal which has rightly been set aside by learned SDO and Additional Commissioner.

7. Resultantly, miscellaneous petition fails and is hereby dismissed.

However, no order as to the costs.

8. Interim application(s), if any, shall stand dismissed.

(DWARKA DHISH BANSAL) JUDGE pb Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 2/11/2023 5:16:54 PM

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 2/11/2023 5:16:54 PM