Dariyav Singh vs Rajesh
2024 Latest Caselaw 16406 MP

Madhya Pradesh High Court

Dariyav Singh vs Rajesh on 31 May, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                                 1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       WP No. 15551 of 2024
                                             (DARIYAV SINGH AND OTHERS Vs RAJESH AND OTHERS)

                           Dated : 31-05-2024
                                  Shri A.S.Garg, learned Senior Advocate with Shri Jitendra Shukla,

                           learned counsel for the petitioner.
                                  Ms. Harshlata Soni, learned P.L for the respondent Nos.2-4/State.

The petitioner applied for partition before Tehsildar on 22/3/2019. An order of partition between the petitioner and respondent No.1 was passed. The

respondent No.1 preferred an appeal before the SDO against the said order. The said appeal was dismissed. A second appeal was preferred by the respondent No.1 before Additional Commissioner, which has been allowed and it has been directed that the Revenue records of land in question be maintained as existed prior to passing of the order.

Counsel for the petitioner submits that the respondent has made claim on the basis of a will. He further submits that the respondent No.1 has already filed a civil suit claiming title on the basis of will. It is argued that Revenue Authorities have no jurisdiction to mutate the name of beneficiary on the basis

of will.

In support of his submission he has placed reliance on judgment passed by the co-ordinate Bench in the case of Dinesh Siloniya Vs. Soram Bai w/o Ram Prasad and Ors. reported in 2023(4) M.P.L.J 36.

Considering the aforesaid issue notice to the respondents within 7 working days, by registered AD with due acknowledgment, returnable within 6 weeks'.

Till the next date of hearing, the status quo as exist in respect of the

revenue entries shall be maintained by the parties.

(VIJAY KUMAR SHUKLA) JUDGE

PK