BETAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present intra court appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalay (Khand Nyay Peeth Ko Appeal), Adhiniyam, 2005 is preferred by the appellants assailing the order dated 17-02-2020 passed by learned Single Judge in Writ Petition No.2040/2020 whereby the petition preferred by the respondent/State has been allowed.

(2.) Precisely stated facts of the case are that in year 2018 present appellants preferred an application for mutation of their names deriving title through late Shankar Singh who expired in year 2009 and presenting themselves as legal representatives of said Shankar Singh, application for mutation was moved. Tahsildar vide order dated 07-05-2018 rejected the application on the ground that State Government is being recorded as owner of the land in question (survey No.110/2 admeasuring 11 bigha 5 biswa and 111/2 admeasuring 12 bigha 10 biswa) situate at village Naogaon, Tahsil and District Gwalior, therefore, names of appellants according to Tahsildar could not have been mutated. Being aggrieved by the said order, appellants preferred an appeal before the SDO (Revenue), Jhansi Road Gwalior and vide order dated 16-07-2018 appeal was partly allowed and order dated 07-05-2018 passed by Tahsildar was set aside and appellants were given liberty to appear before Tahsildar for moving an appropriate application for mutation and Tahsildar in turn, directed to look into the documents as well as claim/counter claim and to decide the application.

(3.) Instead of appearing before Tahsildar, appellants preferred an appeal before the Court of Additional Commissioner, Gwalior Division and contested the order of remand. Said appeal was allowed vide order dated 16-01-2019 and the orders passed by Tahsildar as well as SDO were quashed and Tahsildar was directed to mutate the names of appellants.