Kusum Gupta vs The State Of Madhya Pradesh
2024 Latest Caselaw 6534 MP

Madhya Pradesh High Court

Kusum Gupta vs The State Of Madhya Pradesh on 4 March, 2024

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         WP No. 5240 of 2024
                                     (KUSUM GUPTA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 04-03-2024
                                 Shri Jaideep Sirpurkar - Advocate for petitioners.

                                 Shri Swapnil Ganguly - Deputy Advocate General for respondents

No.1 to 4/State.

Shri Saket Malik - Advocate for respondents No.5 and 6 on advance notice.

Shri Malik has acknowledged the receipt of copy of writ petition.

2. It is submitted by counsel for petitioners that on the basis of Will, Tahsildar, Chhindwara by order dated 03.09.2001 passed in Revenue case No.29/A-6/2000-2001 had mutated the name of respondent No.5. The said order was set aside by SDO (Revenue) Chhindwara in appeal by order dated 28.01.2013 passed in Appeal No.49/A-6/2011-12. However, by order dated 20.02.2024 passed by Additional Commissioner, Jabalpur Division, Jabalpur passed in case No.507/A-6/2012-13 the order passed by SDO (Revenue) Chhindwara has been set aside and order passed by Tahsildar, Chhindwara has

been affirmed. It is submitted by counsel for petitioner that although the order passed by Tahsildar has already been executed and name of respondent No.5 has already been mutated but in the light of judgment of passed by Supreme Court in the case of Jitendra Singh v. State of Madhya Pradesh and others reported in 2021 SCC OnLine SC 802 mutation on the basis of Will is beyond the jurisdiction of revenue authorities and accordingly, it is prayed that respondents may be restrained from creating any third party interest in the property during pendency of this petition and mutation entry may not be used

for any purposes.

3. Considered the submissions made by counsel for petitioner.

4. It is directed that mutation of name of respondent No.5 carried out in compliance of order dated 03.09.2001 passed by Tahsildar Chhindwara in Revenue case No.29/A-6/2000-2001 and order dated 20.02.2024 passed by Additional Commissioner, Jabalpur Division, Jabalpur passed in case No.507/A-6/2012-13 shall not be used for any purpose except the fiscal purposes and no third party right shall be created by respondents No.5 and 6 either by themselves or through their agents.

5. As prayed by counsel for respondents No.5 and 6, list this case on

06.03.2024.

(G.S. AHLUWALIA) JUDGE

SR*