Narayan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 1329 MP

                                                    1
                  IN       THE      HIGH COURT OF MADHYA PRADESH
                                          AT INDORE
                                               BEFORE
                                   HON'BLE SHRI JUSTICE VIVEK RUSIA
                                       ON THE 23 rd OF JANUARY, 2023
                                      WRIT PETITION No. 25920 of 2022

                BETWEEN:-
                1.        NARAYAN SINGH S/O FATEH SINGH RAJPUT,
                          AGED    ABOUT     55  YEARS, OCCUPATION:
                          AGRICULTURIST GRAM SATGAON, TEHSIL AND
                          DISTRICT SHAJAPUR (MADHYA PRADESH)

                2.        VIKRAM SINGH S/O FATESINGH RAJPUT, AGED
                          ABOUT 50 YEARS, OCCUPATION: AGRICULTURE
                          R/O GRAM SATGAON DIST. SHAJAPUR (MADHYA
                          PRADESH)

                                                                               .....PETITIONER
                (SHRI PRANAY JOSHI, ADVOCATE)

                AND
                THE STATE OF MADHYA PRADESH                   COLLECTOR
                SHAJAPUR (MADHYA PRADESH)

                                                                             .....RESPONDENTS
                ( SHRI AKASH SHARMA GOVT.ADVOCATE)

                          T h is petition coming on for orders this day, t h e cou rt passed the

               following:
                                                     ORDER

The petitioner has filed the present petition being aggrieved by order dated 12.07.2021 whereby, the Tehsildar has rejected the application for mutation and by order dated 26/07/2022; whereby the the appeal has been dismissed.

Signature Not Verified Signed by: REENA The petitioner filed a civil suit seeking decree of declaration and PARTHO SARKAR permanent injunction. The suit was registered as 95-A/2009 and the defendants Signing time: 1/24/2023 3:56:01 PM

were State of M.P and others. Vide judgment dated 30.09.2009 (Annexure P-3), the suit has been decreed in favour of the plaintiff (Annexure A-2) by granting the decree of ownership, occupier and permanent injunction. After the aforesaid judgment, the petitioner filed an application under Section 110 of the M.P. Land Revenue Code 1959 (hereinafter to be referred to as Code of 1959) seeking mutation of the land which has been rejected by the Tahsildar vide order dated 12.07.2021 that there is no decree in respect of mutation against which an appeal was filed that to has been dismissed on 26.07.2022 on the same ground.

Once the petitioner has been declared as the owner then the next procedure is to apply for mutation .i.e, governed under the provisions of the

Code of 1959 no civil court directs for that it is consequential procedure which owner or title holder applies before the Revenue Authorities. The Revenue Authorities are only required to examine the ownership documents that to by way of will, registered sale deed or judgment and decree and follow the procedure prescribed under the Code of 1959. No direction or decree is required from the Civil Court to the Revenue Authorities for filing an application under Section 109 or 110 of Code of 1956. Hence, orders dated 12.07.2021 and 26/07/2022 are quashed. The matter is remitted back to the Tehsildar to consider the matter afresh in accordance with law.

Accordingly, the writ petition stands disposed of.

(VIVEK RUSIA) JUDGE das

Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 1/24/2023 3:56:01 PM