KULDEEP DHAR DIWAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in the present writ petition is to the order dated 21.6.2019 (Annexure P-1) passed by Sub Divisional Officer (Revenue), Patan, District Durg in Appeal No. 26-A/6/Year 2017-18, order dated 7.8.2019 (Annexure P-2) passed by the Collector, Durg in Revenue Case No. 10-A/74/Year 2018-19 and order dated 21.8.2019 (Annexure P-3) again passed by the Sub Divisional Officer (Revenue), Patan, District Durg.

(2.) Facts of the case in brief are that the petitioner is said to be the son-in-law of one Smt. Nandini Bai in whose name there was a land measuring 2.39, 0.53, 0.04 totaling 2.96 hectares in Khasra No. 114/1, 115 and 697 situated at Village Ameri, Tahsil Patan, District Durg. The said Nandini Bai expired on 26.12.2010. It is said that she had executed a will and had also registered the same on 17.2.2010 in favour of the petitioner in respect of the aforementioned property. The petitioner initially had moved an application for mutation before the Tahsildar, Patan, District Durg which was rejected on 26.7.2014. This order was challenged by the petitioner before the Sub Divisional Officer (Revenue), Patan, District Durg by way of appeal and the said appeal stood allowed at the first instance on 28.2.2017 and the matter was remanded back to the Tahsildar for a fresh consideration taking note of the will which was in possession of the petitioner.

(3.) The said allowing of the appeal of the petitioner by the Sub Divisional Officer (Revenue), Patan was challenged by respondent no.4-Smt. Rambai Tiwari before the Additional Commissioner, Durg by way of a revision petition under Section 50 of the Chhattisgarh Land Revenue Code and the said revision is said to be still pending. Since there was no interim order in the said revision petition, as per the order of the Collector, the Tahsildar proceeded further with the mutation proceedings and passed an order on 11.5.2017 in favour of the petitioner.