SUBHANSHU SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dtd. 16/1/2020 passed by Addl. Commissioner, Sagar Division Sagar in Case No.473/appeal/A-6/2016-17 by which the appeal filed by the petitioner has been rejected.

(2.) The undisputed facts are that Badri Prasad was the owner and had 1/16th share in Kharsa Nos.673, 674, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684, total area 3.997 hectares situated in Mouja Rajnagar, District Chhattarpur.

(3.) After the death of Badri Prasad the names of respondent no.5 and his mother Kesharbai were recorded. Against the order of mutation, the respondent no.6 Mithiladevi filed an appeal before the S.D.O. Rajnagar, District Chhattarpur. During the pendency of appeal, the respondent no.6 alienated 1.373 hectares to the petitioner and on the basis of the said sale-deed, the name of the petitioner was recorded in the revenue records by order dtd. 29/3/2016. The respondent no.5 preferred an appeal before the court of S.D.O. Rajnagar which was allowed by order dtd. 31/1/2017 and mutation of name of the petitioner by order dtd. 29/3/2016 was set aside. The petitioner being aggrieved by the order passed by the S.D.O. preferred a Second Appeal which has been dismissed by impugned order dtd. 16/1/2020 passed by the Addl. Commissioner, Sagar Division, Sagar.