(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 2/12/2019 passed by Additional Collector, District Vidisha in case No.203/Revision/2019-20, by which the application filed by the petitioner for seeking DNA test of respondent no.2 to determine his paternity has been rejected.
(2.) The necessary facts for disposal of the present petition in short are that the respondents no.1 and 2 by projecting themselves to be the wife and son of Raghuvar filed an application for mutation of their names. The petitioner filed his objection and stated that the respondent no.2 is not the son of Late Raghuvar and has no right to get his name mutated and the petitioner being the nephew of Raghuvar has looked after the deceased and out of love and affection Late Raghuvar has bequeathed his property in favour of the petitioner by executing a Will. Accordingly, the petitioner filed an application for determination of the paternity of respondent no.2 by conducting a DNA test. By order dated 29/8/2016 the Tahsildadr, Basoda, District Vidisha rejected the application on the ground that the similar application has already been rejected by order dated 15/6/2016. The petitioner preferred a revision before the Board of Revenue, which was transferred to the Court of Additional Collector, Vidisha in view of the amended provisions of MP Land Revenue Code and the Additional Collector by the impugned order dated 2/12/2019 has rejected the application.
(3.) Challenging the order passed by the authorities below, it is submitted by the counsel for the petitioner that since the petitioner has taken an objection with regard to the paternity of the respondent no.2, therefore, it can be adjudicated by conducting the DNA test.