ANIL KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India has been filed against the order dtd. 11/10/2022 passed by SDO, Ambah, District Morena passed in Case No.0005/2022-23, whereby while dismissing the appeal, the order dtd. 11/3/2022 passed by Tehsildar Ambah District Morena in case no.2015/A-6/2021-22, whereby an application for mutation of the petitioner in the revenue records on the basis of the Will was dismissed, was affirmed. Brief facts of the case are that the petitioner, respondent no.5 and 6 are the sons of Late Shri Kailash Chandra Agarwal, respondent no.10 is the daughter, respondent no.4 is the wife, respondent no.7 and 8 are the daughtersin-law and the respondent no.9 is the grand son of Late Shri Kailash Chandra Agarwal. Late Shri Kailash Chandra Agarwal was having property situated at Ambah District Morena and had executed a Will in favour of the respondents no.4 to 9 and the petitioner and divided the share as his choice on 12/04/2021.

(2.) Shri Kailash Chandra Agarwal expired on 3/5/2021 and after his death the Will came into force. The petitioner, thereafter, moved an application before Tehsildar Ambah District Morena and the same was registered as Case No.2015/A-6/2021-22 and notices were issued to the concerned parties. All the family members agreed as per the Will and despite this Tehsildar rejected the application and mutated the name on the basis of the succession vide order dtd. 11/3/2022. Being aggrieved by the aforesaid order passed by Tehsildar the petitioner had filed an appeal before respondent no.2, but the said appeal was also dismissed vide order dtd. 11/10/2022 and the order of Tehsildar was affirmed. Being aggrieved by the impugned orders Annexure P/1 and P/2 the present petition has been filed.

(3.) At the outset, the learned Counsel for respondent/State has raised a preliminary objection that since the order passed by SDO is appealable order, therefore, in the light of the availability of efficacious alternative remedy to the petitioner, this petition is not maintainable.