Research › Search › Judgment

Madhya Pradesh High Court · body

2021 DIGILAW 176 (MP)

Narayan Prasad Sharma v. State of Madhya Pradesh

2021-02-18

VISHAL MISHRA

body2021
JUDGMENT : Vishal Mishra, J. 1. The present petition is being filed by the order passed by the Additional Commissioner, Gwalior Division, Gwalior, by which the appeal filed by the petitioners is dismissed as not maintainable. The petitioners also aggrieved by the order passed by the Tehsildar, Tehsil Aron, District Guna on 31.05.2018 whereby he rejected the application of the petitioners on the ground that the matter being stayed until filing of the appeal before the appellate authority without assigning any reason. 2. It is pointed out that the petitioners are owners of the land situated in Village Mata Mundra, bearing Survey No. 249, Rakwa 0.188 hec., 254 rakwa 0.042 hec., 284 rakwa 0.115 hec, out of it rakwa 0.031 hec., 579 rakwa 1.755 hec., 580, rakwa 0.251 hec. out of it rakwa 0.126 hec., 581, rakwa 10.398 hec, out of it rakwa 7.838 hec., Total Area 6, Rakwa 9.980 hectares. The land was purchased by the petitioners from Harbhajan by a registered sale deed dated 27.06.1961 and possession was taken and during the life time of Jugal Kishore, who was father of the petitioners has cultivated the land and after his death, petitioners have cultivated the land in question. 3. The Patwari has wrongly mentioned that the land is a Mafhi land in the Revenue records therefore, the Civil Suit was filed for declaration and permanent injunction which was registered as Civil Suit No. 78A/2004 which was finally decreed vide judgment and decree dated 22.06.2005 and the petitioners were declared to be owner and possession holder of the property in question and injunction was issued against the State Govt. not to sell the land in question by auction. Against the same, a First Appeal was preferred by the Government which was registered as First Appeal No. 192/2008 before this Court and the appeal was finally dismissed vide order dated 05.06.2017. Against which no appeal has been preferred till date by the State Government before any higher forum. 4. On the basis of the judgment and decree filed by the Civil Courts, the petitioners have applied for mutation of their name in the Revenue Record by filing an application under Sections 109, 110 of M.P. Land Revenue Code. Against which no appeal has been preferred till date by the State Government before any higher forum. 4. On the basis of the judgment and decree filed by the Civil Courts, the petitioners have applied for mutation of their name in the Revenue Record by filing an application under Sections 109, 110 of M.P. Land Revenue Code. The proceedings were started from 20.12.2017 and continued upto 05.03.2018 and when the case was fixed for evidence the Tehsildar has passed an order on 31.05.2018 mentioning the fact that on the basis of a letter dated 28.05.2018 written by the Collector the proceedings be stayed because appeal will be filed against the judgment and decree passed by the High Court before the higher forum. Against the order passed by the Tehsildar, an appeal was submitted before the Additional Commissioner, Gwalior Division, Gwalior, which was dismissed to be not maintainable. Therefore, the present petition is being filed. 5. It is submitted that there is a judgment and decree passed by two Courts in favour of the petitioners, therefore, the authorities are bound to mutate the name of the petitioners in the Revenue Records on the basis of the judgment and decree as there is no appeal has been preferred by the State Govt. till date against the judgment dated 05.06.2017 passed in First Appeal No. 192/2008. In such circumstances, the order passed by the authorities are bad and in law and prays for directions to the Tehsildar to complete the proceedings of mutation. 6. Per contra, counsel appearing for the State could not dispute the fact that the petitioners were declared the owner and possession holder of the property by the Civil Court vide judgment dated 22.06.2005 and dismissal of first appeal preferred by the State government on 05.06.2017. He fairly submits that till date there is any interim order passed by the higher forum and the Tehsildar is bound to consider the application and mutate the name of the petitioners if there is no other legal impediment. He submits that the proceedings before the Tehsildar will be completed expeditiously. 7. He fairly submits that till date there is any interim order passed by the higher forum and the Tehsildar is bound to consider the application and mutate the name of the petitioners if there is no other legal impediment. He submits that the proceedings before the Tehsildar will be completed expeditiously. 7. Considering the overall facts and circumstances of the case and also the fact that the petitioners are being declared as owner and possession holder of the property declared in dispute, therefore, in terms of Sections 109, 110 of M.P. Land Revenue Code, the authorities are bound to entertain the application and mutate the name on the basis of the judgment and decree. The proceedings pending before the Tehsildar cannot be stayed only on the basis of the letter written by the Collector in anticipation of filing of any appeal. In such circumstances, the order passed by the Tehsildar is bad in law and the same have no legs to stand. Accordingly, the same is quashed. The Tehsildar is directed to complete the proceedings of mutation and mutate the name of the petitioners in pursuance to the judgment and decree passed in Civil Suit No. 78A/2004 dated 22.06.2005 which was affirmed by the First Appeal No. 198/2008 by judgment and decree dated 05.06.2017. The Tehsildar is required to comply with all the provisions as contemplated under the M.P.L.R.C. with respect to the mutation of name of the parties and also required to have an opportunity to them. The aforesaid exercise be completed within a period of three months from the date of receipt of certified copy of this order if there is any other legal impediment in mutating the names or there is any interim order passed by the higher authorities, the aforesaid be communicated to the petitioners forthwith. The petition stands disposed of.