Shyam Lal Prajapati vs Additional Commissioner
2023 Latest Caselaw 7652 MP

                               1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                    AT JABALPUR
                         BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                    ON THE 10 th OF MAY, 2023
                  MISC. PETITION No. 2197 of 2023

BETWEEN:-
SHYAM LAL PRAJAPATI S/O CHHOTA SUMHAR, AGED
ABOUT 60 YEARS, OCCUPATION: AGRICULTURIST R/O
VILLAGE SIRSA TEHSIL RAIPUR KARCHULIYAN
DISTRICT REWA (MADHYA PRADESH)

                                                    .....PETITIONER
(BY SHRI UPENDRA KUMAR TRIPATHI - ADVOCATE)

AND
1.    ADDITIONAL COMMISSIONER COMMISSIONER
      DIVISION REWA (MADHYA PRADESH)

2.    COLLECTOR     DISTRICT       REWA   (MADHYA
      PRADESH)

3.    SUB   DIVISIONAL OFFICER   (S.D.O.) TEHSIL
      RAIPUR    KARCHULIYAN  DISTRICT      REWA
      (MADHYA PRADESH)

4.    TEHSILDAR, TEHSIL RAIPUR KARCHULIYAN
      DISTRICT REWA (MADHYA PRADESH)

5.    MOHAN LAL SAKET S/O DEBIYA SAKET R/O
      VILLAGE SIRSA TEHSIL RAIPUR KARCHULIYAN
      DISTRICT REWA (MADHYA PRADESH)

6.    SAMPATTI S/O KALWA SAKET R/O VILLAGE
      SIRSA TEHSIL RAIPUR KARCHULIYAN DISTRICT
      REWA (MADHYA PRADESH)

7.    RAMANAND SAKET S/O KALWA SAKET R/O
      VILLAGE SIRSA TEHSIL RAIPUR KARCHULIYAN
      DISTRICT REWA (MADHYA PRADESH)

8.    RAMRATI W/O BENIYA SAKET R/O VILLAGE
      SIRSA TEHSIL RAIPUR KARCHULIYAN DISTRICT
                            2
      REWA (MADHYA PRADESH)

9.    BUDDHASEN SAKET S/O BENIYA SAKET R/O
      VILLAGE SIRSA TEHSIL RAIPUR KARCHULIYAN
      DISTRICT REWA (MADHYA PRADESH)

10.   SHIV PRASAD S/O BENIYA SAKET R/O VILLAGE
      SIRSA TEHSIL RAIPUR KARCHULIYAN DISTRICT
      REWA (MADHYA PRADESH)

11.   CHHOTE LAL SAKET S/O BENIYA SAKET R/O
      VILLAGE SIRSA TEHSIL RAIPUR KARCHULIYAN
      DISTRICT REWA (MADHYA PRADESH)

12.   SHANKAR SAKET S/O BENIYA SAKET R/O
      VILLAGE SIRSA TEHSIL RAIPUR KARCHULIYAN
      DISTRICT REWA (MADHYA PRADESH)

13.   SHIV LAL SAKET S/O BENIYA SAKET R/O VILLAGE
      SIRSA TEHSIL RAIPUR KARCHULIYAN DISTRICT
      REWA (MADHYA PRADESH)

14.   MAHENDRA SAKET S/O BENIYA SAKET R/O
      VILLAGE SIRSA TEHSIL RAIPUR KARCHULIYAN
      DISTRICT REWA (MADHYA PRADESH)

15.   CHHOTE LAL SAKET S/O HARCHHATHIYA SAKET
      R/O   VILLAGE   SIRSA   TEHSIL   RAIPUR
      KARCHULIYAN DISTRICT REWA (MADHYA
      PRADESH)

16.   RAMESH SAKET S/O HARCHHATHIYA SAKET R/O
      VILLAGE SIRSA TEHSIL RAIPUR KARCHULIYAN
      DISTRICT REWA (MADHYA PRADESH)

17.   RAMOLE SAKET S/O HARCHHATHIYA SAKET R/O
      VILLAGE SIRSA TEHSIL RAIPUR KARCHULIYAN
      DISTRICT REWA (MADHYA PRADESH)

18.   BABU LAL S/O CHHOTA PRAJAPATI R/O VILLAGE
      SIRSA TEHSIL RAIPUR KARCHULIYAN DISTRICT
      REWA (MADHYA PRADESH)

19.   DUASIYA W/O CHHOTA PRAJAPATI R/O VILLAGE
      SIRSA TEHSIL RAIPUR KARCHULIYAN DISTRICT
      REWA (MADHYA PRADESH)

20.   NAUMANIYA D/O CHHOTA W/O MALAHAR
      KUMHAR R/O VILLAGE GURH TEHSIL SIRMOUR
                            3
      DISTRICT REWA (MADHYA PRADESH)

21.   SMT. BODDI W/O RAMAWATAR SAKET R/O
      VILLAGE KATAHA TEHSIL MANGAWAN DISTRICT
      REWA (MADHYA PRADESH)

22.   BELA D/O HARCHHATHIYA SAKET R/O VILLAGE
      SIRSA TEHSIL RAIPUR KARCHULIYAN P.S.
      MANGAWAN    DISTRICT   REWA   (MADHYA
      PRADESH)

23.   CHHOTIYA D/O HARCHHATHIYA SAKET R/O
      VILLAGE SIRSA TEHSIL RAIPUR KARCHULIYAN
      P.S. MANGAWAN DISTRICT REWA (MADHYA
      PRADESH)

24.   BASMATI W/O RAMNIHOR SAKET R/O VILLAGE
      SIRSA TEHSIL RAIPUR KARCHULIYAN P.S.
      MANGAWAN    DISTRICT  REWA   (MADHYA
      PRADESH)

25.   RAMNATH S/O RAMNIHOR SAKET R/O VILLAGE
      SIRSA TEHSIL RAIPUR KARCHULIYAN P.S.
      MANGAWAN    DISTRICT  REWA   (MADHYA
      PRADESH)

26.   KAUSHILYA D/O RAMNIHOR W/O RAMSWAROOP
      S A K E T R/O VILLAGE  CHANDEH   TEHSIL
      MAUGANJ DISTRICT REWA (MADHYA PRADESH)

27.   VANDITA D/O RAMNIHOR W/O KHELAWAN
      S A K E T R/O VILLAGE GANGEO    TEHSIL
      MANGAWAN P.S. MANGAWAN DISTRICT REWA
      (MADHYA PRADESH)

28.   SUEITY D/O RAMNIHOR W/O RAMNARAYAN
      SAKET R/O VILLAGE RERUAA TEHSIL GUDH P.S.
      GUDH DISTRICT REWA (MADHYA PRADESH)

29.   CHHOTAAL D/O RAMNIHOR W/O CHHOTAILAL
      S A K E T R/O VILLAGE PACHPAHARA TEHSIL
      MANGAWAN       DISTRICT  REWA  (MADHYA
      PRADESH)

30.   STATE OF M.P. THROUGH    COLLECTOR REWA
      (MADHYA PRADESH)

                                                  .....RESPONDENTS
(MS. SHANTI TIWARI - PANEL LAWYER FOR RESPONDENT NO.30/STATE)
                                    4
      This petition coming on for admission this day, th e court passed the
following:
                                      ORDER

This Miscellaneous Petition under Article 227 of the Constitution of India has been filed against the order dated 17.03.2023 passed by Additional Commissioner, Rewa, Division Rewa in case No.1304/Appeal/2017-18 RCMS No.1192/Appeal/2017-18 by which the mutation of the name of the petitioner by order dated 12.04.2016 passed by Tahsildar in case No.39/A-6-A/Appeal/2014- 15 has been set aside.

2. The crux of the matter in short are that the civil proceedings are pending between the parties. A decree was passed against the petitioner, which was challenged by him by filing RCA No.12A/2013 and 13A/2013. The said appeal was allowed by judgment and decree dated 24.01.2015. Thereafter, the second appeal was filed before this Court and by order dated 07.09.2015 passed in SA No.486/2015, the parties were directed to maintain status quo. It appears that in spite of the interim order, the Tahsildar by order dated 12.04.2016 mutated the name of the petitioner. The Additional Commissioner Rewa, Division Rewa by the impugned order dated 17.03.2023, has set aside the order of mutation on the ground that the same was passed in violation of the interim order passed by this Court.

3. The counsel for the petitioner could not justify the action of the Tahsildar in mutating the name of the petitioner in spite of the interim order passed by this Court.

4 . As no jurisdictional error was committed by the Additional Commissioner, Rewa, Division Rewa in passing the impugned order, accordingly, the petition fails and is hereby dismissed.

(G.S. AHLUWALIA) JUDGE Shanu

Digitally signed by SHANU RAIKWAR Date: 2023.05.11 18:41:51 +05'30'