VIJAY KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this petition under Article 227 of the Constitution of India, the petitioner has assailed the legality, validity and propriety of the orders dtd. 14/11/2022 passed by the Commissioner whereby the orders passed Tahsildar and Sub-Divisional Officer have been set- aside. Earlier, Tahsildar and Sub-Divisional Officer had allowed the application under Ss. 109 and 110 of M.P. Land Revenue Code, 1959, for mutation on the basis of registered will dtd. 30/12/2011 in favour of the petitioner and other brother executed by the petitioner's father namely-Late Dharmjeet Soni.

(2.) It is the contention of the learned counsel for the petitioner that the order passed by the Additional Commissioner is perverse since Tahsildar and Sub-Divisional Officer have concurrently decided the execution of will. If authority found any illegality in the order then the matter should have been remanded for adjudication but the Commissioner ignoring the registered will, allowed the mutation of names of all legal representatives which is contrary to the registered will, as such, impugned order deserves to be set-aside.

(3.) Heard learned counsel for the parties and perused the record.