SAROJ CHAND Vs. PREMWATI

JUDGEMENT

(1.) This writ appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya Ko Appeal Adhiniyam, 2005, has been filed against the order dated 30.11.2019 passed in Writ Petition No. 24811/2019, whereby the writ petition filed by the appellant/petitioner has been dismissed.

(2.) Brief facts of the case are that the appellant had challenged the orders dated 1.10.2018 and 13.12.2014 (Annexures P/1 & P/2) passed by Commissioner, Gwalior Division, Gwalior and Collector, Gwalior, respectively. The proceedings were initiated suo motu by the Collector. In those proceedings it was observed by the Collector that he was not having power to sell the property and, therefore, extended permission in favour of the respondent No.1 to sell out the property. The order of Collector was challenged before the Commissioner, Gwalior Division. The Commissioner (Additional Commissioner) while passing the order made following observations:-

(3.) It was further pleaded that as parallel proceeding in pursuance to the order dated 9.4.2002 was pending and name of Premwati was mutated in pursuance to those proceedings. Since the property was sold by Totaram and his name was mutated, therefore his mutation order was cancelled by Sub-Divisional Officer on 19.1.2007. Hence, on the basis of wrong mutation no Bhumiswami rights were created.