Kunjbihari Pandey vs Gaya Prasad
2023 Latest Caselaw 438 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                   HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                            ON THE 9 th OF JANUARY, 2023
                                           WRIT PETITION No. 232 of 2023

                          BETWEEN:-
                          1.    KUNJBIHARI PANDEY S/O LATE BALMIK
                                PRASSAD       PANDEY         OCCUPATION:
                                AGRICULTURIST   VILLAGE    SHIVPUR,   P.S.
                                PANWAR TEHSIL JAWA, DISTRICT- REWA, M.P.
                                (MADHYA PRADESH)

                          2.    KRISHNA KUMAR PANDEY S/O LATE BALMIK
                                PRASAD PANDEY OCCUPATION: AGRICULTURIST
                                R/O VILLAGE SHIVPUR, PS PANWAR, TEHSIL
                                JAWA, DISTRICT REWA (MADHYA PRADESH)

                                                                              .....PETITIONER
                          (BY SHRI AJAY PAL SINGH - ADVOCATE )

                          AND
                          1.    GAYA PRASAD S/O LATE BABULAL VILLAGE
                                SHIVPUR, P.S. PANWAR TEHSIL JAWA, DISTRICT-
                                REWA, M.P. (MADHYA PRADESH)

                          2.    BHOLANATH S/O LATE BABULAL R/O VILLAGE
                                SHIVPUR, PS PANWAR, TEHSIL JAWA, DISTRICT
                                REWA (MADHYA PRADESH)

                          3.    MANISH KUMAR S/O LATE BABULAL R/O
                                VILLAGE SHIVPUR, PS PANWAR, TEHSIL JAWA,
                                DISTRICT REWA (MADHYA PRADESH)

                          4.    MANNU DEVI W/O LATE BABULAL R/O VILLAGE
                                SHIVPUR, PS PANWAR, TEHSIL JAWA, DISTRICT
                                REWA (MADHYA PRADESH)

                          5.    KALLU @ JAISHANKAR S/O LATE BALMIK
                                PAN D EY R/O VILLAGE SHIVPUR, PS PANWAR,
                                TEHSIL JAWA, DISTRICT REWA (MADHYA
                                PRADESH)

                          6.    SAKET BIHARI S/O LALJI R/O VILLAGE SHIVPUR,
Signature Not Verified
Signed by: MANOJ NAIR
Signing time: 1/12/2023
4:02:55 PM
                                                      2
                                PS PANWAR, TEHSIL JAWA, DISTRICT REWA
                                (MADHYA PRADESH)

                          7.    SMT. DEVRATI W/O BALMIK PANDEY R/O
                                VILLAGE SHIVPUR, PS PANWAR, TEHSIL JAWA,
                                DISTRICT REWA (MADHYA PRADESH)

                          8.    SMT. BAIYA D/O BALMIK PANDEY R/O VILLAGE
                                SHIVPUR, PS PANWAR, TEHSIL JAWA, DISTRICT
                                REWA (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (NONE FOR THE RESPONDENTS )

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

The challenge in this petition is to the order dated 14.12.2022 (Annexure- P/4) passed by Additional Commissioner Division Rewa.

Learned counsel for the petitioners contends that an order of mutation passed in favour of the present petitioners dated 29.07.2016, which was interfered with by the Sub Divisional Officer vide order dated 17.11.2022 (Annexure-P/2). The said order of Sub Divisional Officer dated 17.11.2022 was assailed by the present petitioners by filing an appeal before Additional Commissioner Division Rewa which has been dismissed vide order dated 14.12.2022 (Annexure-P/4).

Learned counsel for the petitioners contends that the impugned order has been passed by the Additional Commissioner without appreciating the material. It is contended by the counsel that the mutation was rightly carried out in favour of the petitioners on the basis of will and the said order could not have been interfered with by the Sub Divisional Officer. It is also contended by the counsel for the petitioners that in terms of the law laid down by the Gwalior Bench of this Court in W.P. No.11871/2021 (Rajkumar Sharma and Ors. vs. Signature Not Verified Signed by: MANOJ NAIR Signing time: 1/12/2023 4:02:55 PM

Manjesh Kumar), the present petition deserves to be allowed.

Having heard the submissions, a perusal of the impugned order reflects that the Commissioner while appreciating the order of the Apex Court in the case of Jitendra Singh vs. State of Madhya Pradesh and Ors. [SLP (C) No.13146/2021] has dismissed the appeal preferred by the present petitioners and thereby has affirmed the order of Sub Divisional Officer.

A perusal of the order passed by the Sub Divisional Officer dated 17.11.2022 reflects that the Sub Divisional Officer, arrived at a finding that only on the basis of a will, the order of mutation was passed in favour of the petitioners and the said will was disputed by the opposite party by filing an appeal against the order of mutation, thus, set aside the order of mutation. The Additional Commissioner has also affirmed the order passed by the Sub Divisional Officer while placing reliance on the judgement of Apex Court in the case of Jitendra Singh vs. State of Madhya Pradesh and Ors. wherein the Apex Court held as under:

"It is not in dispute that the dispute is with respect to mutation entry in the revenue records. The petitioner herein submitted an application to mutate his name on the basis of the alleged will dated 20.05.1998 executed by Smt. Ananti Bai. Even, according to the petitioner also,

Smt. Ananti Bai died on 27.08.2011. From the record, it emerges that the application before the Nayab Tehsildar was made on 9.8.2011, i.e., before the death of Smt. Ananti Bai. It cannot be disputed that the right on the basis of the will can be claimed only after the death of the Signature Not Verified Signed by: MANOJ NAIR Signing time: 1/12/2023 4:02:55 PM

executant of the will. Even the will itself has been disputed. Be that as it may, as per the settled proposition of law, mutation entry does not confer any right, title or interest in favour of the person and the mutation entry in the revenue record is only for the fiscal purpose. As per the settled proposition of law, if there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the will, the party who is claiming title/right on the basis of the will has to approach the appropriate civil court/court and get his rights crystalised and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made."

A perusal of the aforesaid reflects that the Authorities had rightly interfered with the order of mutation inasmuch as, the same was passed on the basis of a disputed "will". The question as regards the validity of a will is an issue which is required to be dealt with by a competent Civil Court and thus, the Revenue Authorities could not have passed any order of mutation on the basis of "will" only. Thus, as the order impugned have been passed in the light of the judgment of the Apex Court in the case of Jitendra Singh (supra), no interference is warranted.

The reliance as placed on the order dated 11.08.2021 in W.P. No.11871/2021 is also misplaced inasmuch as, even this Court while deciding the said petition, extended the liberty to the respondents to get the will checked by initiating the proceedings before the trial Court. Signature Not Verified Signed by: MANOJ NAIR Signing time: 1/12/2023 4:02:55 PM

Accordingly, in view of the aforesaid, the petition stands dismissed.

(MANINDER S. BHATTI) JUDGE mn

Signature Not Verified Signed by: MANOJ NAIR Signing time: 1/12/2023 4:02:55 PM