KALYAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dtd. 09/06/2020 passed by the Additional Commissioner, Gwalior Division, Gwalior in Case No. 98/2013-14/Appeal, by which the appeal filed by the petitioner against the order dtd. 15/10/2013 passed by SDO (Revenue), Pohri, District Shivpuri in Case No.29/2012-13/Appeal, has been dismissed.

(2.) It is the case of the petitioner that the uncle of the petitioner, namely, Lohare was the title holder of the land bearing survey nos.27 ad 194 situated at Village Randhir, Tahsil Pohri, District Shivpuri. The respondent no.6 is the legally-wedded wife of Lohare, however, she has already deserted her husband 8-10 years before the death of Lohare. As Lohare and respondent No.6 were issue-less, therefore, after Lohare was deserted by respondent no.6, he was looked after by the petitioner who is his real nephew. Lohare had executed a "Will" in favour of the petitioner and accordingly, the petitioner filed an application for mutation of his name on the basis of "Will". He was given an impression that his name would be mutated. When the petitioner obtained the copy of Khasa for the purpose of obtaining the Kisan Credit Card, then he came came to know that in fact, the name of respondent no. 6 has been mutated in place of Lohare. Accordingly, the petitioner filed an appeal before the SDO (Revenue), Pohri, District Shivpuri which was dismissed by order dtd. 15/10/2013 and the appeal filed against the order of the SDO (Revenue) has also been dismissed by Additional Commissioner, Gwalior Division, Gwalior.

(3.) Challenging the orders passed by the Tribunals below, it is submitted by the counsel for the petitioner that the respondent no.6 has already deserted her husband Lohare, therefore, she was no right to get her name mutated in the revenue records. The submission made by the counsel for the petitioner is misconceived.