ORDER Per A.K. Shrivastava, J. This appeal has been filed under Section 47 of the Guardians and Wards Act, 1890 [in short the Act of 1890] against the order dated 02.11.2012 passed by the learned Additional District Judge [Fast Track Court], Basoda, District Vidisha (M.P.) whereby the application under Section 8 of the Hindu Minority and Guardianship Act 1956 [in short the Act of 1956] read with Section 29 of the Act of 1890 has been dismissed. (2) In brief, the application which was submitted in the court below on behalf of the minor appellants is that they are the Bhumiswami of Survey No.405/1/1 area 0.553 hectare of village Cheerkheda, Patwari Halka No.02, Tahsil Kurwai, District Vidisha (M.P.). Both the appellants are cousin brothers and are cultivating this land. Their respective fathers, for their benefit and better education, wants to get the said land sold and for that an application under Section 8 of the Act of 1956 read with Section 29 of the Act of 1890 has been filed. Learned court below has rejected the application. In this manner, this appeal has been filed by the appellants. (3) It has been put forth by the learned counsel for the appellants that for the benefit of the minors as well as for their better education, their respective fathers are desirous to get the land in question sold. (4) However, on bare perusal of para 7 of the impugned order, this Court finds that no material has been placed in the court below that up to which class both the minors have studied and where their parents want to get them admitted, in which institution and necessary details of fee etc. Even otherwise, there is no material on record that how much property [movable or immovable] is being owned and possessed by the parents of minor who are the appellants herein this appeal and therefore according to us rightly the application has been rejected by the learned court below. (5) However, if the appellants file fresh application alongwith necessary details, the same may be decided strictly in accordance with law. We hereby made it clear that we have not expressed any view whether the land in question can be sold out or not.
(5) However, if the appellants file fresh application alongwith necessary details, the same may be decided strictly in accordance with law. We hereby made it clear that we have not expressed any view whether the land in question can be sold out or not. It is for the Court before whom to decide if any application is submitted, however, as a last resort, the Court should grant permission to allow the application and that too in case when there is no other means to provide better education to the minors. If fresh application is filed, the Court may issue notice to the Collector of the district to verify what are the assets, movable or immovable properties of the parents of the minor appellants and whether they are having means to provide better education. (6) With the aforesaid observation, without interfering into the order impugned, this appeal stands disposed of.