Bhuneshwar Sahu vs Laxman Sahu
2023 Latest Caselaw 4301 MP

                                                     1
                           IN    THE    HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                           ON THE 17 th OF MARCH, 2023
                                          MISC. PETITION No. 3280 of 2021

                          BETWEEN:-
                          1.    BHUNESHWAR SAHU S/O SHRI KRISHNA SAHU,
                                AGED     ABOUT   29   YEARS, OCCUPATION:
                                AGRICULTURIST R/O AATHNER DISTT. BETUL
                                M.P. (MADHYA PRADESH)

                          2.    RAMESHWAR SAHU S/O SHRI KRISHNA SAHU,
                                AGED    ABOUT    24 YEARS, OCCUPATION:
                                AGRICULTURE   AATHNER,  DISTT   BETUL
                                (MADHYA PRADESH)

                          3.    RAHUL SAHU S/O SHRI KRISHNA SAHU, AGED
                                ABOUT 22 YEARS, OCCUPATION: AGRICULTURE
                                AATHNER, DISTT BETUL (MADHYA PRADESH)

                                                                            .....PETITIONER
                          (BY SHRI YOGESH KUMAR GUPTA - ADVOCATE)

                          AND
                          1.    LAXMAN SAHU S/O POORAN SAHU OCCUPATION:
                                AGRICULTURIST R/O AATHNER DISTT. BETUL
                                M.P. (MADHYA PRADESH)

                          2.    SUDAMA SAHU S/O SHRI POORAN SAHU
                                OCCUPATION: AGRICULTURE AATHNER, DISTT
                                BETUL (MADHYA PRADESH)

                          3.    ASHOK SAHU S/O SHRI POORAN SAHU
                                OCCUPATION: AGRICULTURE AATHNER, DISTT
                                BETUL (MADHYA PRADESH)

                          4.    RAJESH SAHU S/O SHRI POORAN SAHU
                                OCCUPATION: AGRICULTURE AATHNER, DISTT
                                BETUL (MADHYA PRADESH)

                          5.    THE     ADDITIONAL      COMMISSIONER
                                NARMADAPURAM DIVISION. HOSHANGABAD
                                HOSHANGABAD (MADHYA PRADESH)
Signature Not Verified
Signed by: VINAY KUMAR
BURMAN
Signing time: 17-Mar-23
6:23:45 PM
                                                               2

                          6.    THE SUB DIVISIONAL OFFICER BHAISDEHI
                                DISTT. BETUL (MADHYA PRADESH)

                          7.    THE   TEHSILDAR A AT H N E R DISTT.             BETUL
                                (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                          (BY SHRI ANAND KUMAR SHUKLA - PANEL LAWYER)

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

This petition under Article 227 of the Constitution of India has been filed against the order dated 24.08.2021 passed by Additional Commissioner,

Narmadapuram, Division Hoshangabad in Case No. 130/Appeal/2019-20.

2. The facts of the case, in short are that the petitioners filed an application for mutation of their name on the basis of will. The said application was allowed by the Tahsildar.

3. Being aggrieved by the order of mutation, the respondents preferred an appeal before S.D.O. (Revenue), Bhainsdehi, District Betul, which was allowed by the order dated 18.07.2019 passed in Revenue Appeal No.64/Appeal/2018- 19 and the order of mutation was set aside.

4. The petitioners, thereafter, challenged the order passed by the S.D.O. (Revenue), Bhainsdehi,which too has been dismissed by order dated 24.08.2021 passed by Commissioner, Narmadapuram, Division Hoshangabad in case No.130/Appeal/2019-20.

5. It submitted by the counsel for the petitioners that it is true that in the light of judgment passed by the Supreme Court in the case of Jitendra Kumar Singh v. State of Madhya Pradesh decided on 21.09.2021 passed in SLP (Civil) No.13146/2021, an application for mutation on the basis of Will is not Signature Not Verified Signed by: VINAY KUMAR BURMAN Signing time: 17-Mar-23 6:23:45 PM

maintainable but the respondents have filed the suit for challenging the Will in question and their application under Order 39 Rule 1 and 2 CPC has been rejected.

6. Heard the learned counsel for the petitioners.

7. The undisputed fact is that a civil suit regarding genuineness of Will in question is pending between the parties.

8. It is well established principle of law that the revenue authorities have no jurisdiction to mutate the name of a person on the basis of a Will.

9. Since, the question with regard to genuineness of the Will is already a subject matter of a civil suit, therefore, the petition is dismissed.

10. However, the Civil Court is directed to decide the civil suit strictly in accordance with the evidence, which would come on record without getting influenced or prejudiced by any of the finding given by any of the revenue officer.

(G.S. AHLUWALIA) JUDGE

vinay*

Signature Not Verified Signed by: VINAY KUMAR BURMAN Signing time: 17-Mar-23 6:23:45 PM