ANIL KUMAR SHUKLA Vs. HEMANT KUMAR SHUKLA

JUDGEMENT

(1.) Heard on the question of admission through Video Conferencing.

(2.) This petition under Article 227 of the Constitution of India has been filed against the order dated 1-5-2020 passed by Commissioner, Chambal Division, Morena in case no. 138/Appeal/2019-20 by which the Commissioner, has directed for mutation of the name of the respondent no.1.

(3.) It is the case of the petitioner that land bearing survey no. 1900/1 area 8 bigha 14 biswa, 1901 area 6 biswa, 2434 area 15 biswa, 2436 area 13 visa and 2576 area 2 bigha 6 biwas total area 11 bigha and 14 biswa belonged to the grand father of the petitioner, namely Shri Anand Dutt. After the death of his grand father, the property was inherited by his grand mother Smt. Shyama Devi who executed a Will in favor of the father of the petitioner on 17-1-1986. Shri Vijayendra Kumar in his turn executed a Will in favor of the petitioner. However, after the death of his father, the petitioner could not get his name mutated in the revenue records, and taking advantage of the said position, the respondent no.1 got his name mutated by orders dated 1-9-2015 passed by Tahsildar. The order of mutation were challenged by the Petitioner and his revisions were allowed by the Board of Revenue and the order of mutations were set aside. Review petitions were filed by the respondent no.1 which were dismissed. Again the respondents got their names mutated in the revenue record and the order was challenged by the petitioner and the SDO by order dated 8-6-2016 allowed the appeal filed by the petitioner and the order dated 27-7- 2001 passed by Tahsildar was set aside. The S.D.O. Sheopur also held that Smt. Shyama Devi had authority to execute the Will. The Commissioner, Chambal Division, Morena by impugned order has set aside the order of the S.D.O.