DINESH SILONIYA Vs. SORAM BAI

JUDGEMENT

(1.) This Miscellaneous Petition under Article 227 of the Constitution of India has been filed against the order dtd. 16/12/2019 passed by the Additional Commissioner, Bhopal, Division Bhopal in Case No.1067/Appeal/2017-18.

(2.) It is submitted by counsel for the petitioner that the petitioners had moved an application for mutation of their names on the basis of a Will executed by Shree Nana. The application was rejected by the Tehsildar. The order of the Tehsildar has been affirmed by the S.D.O as well as the Additional Commissioner. However, the S.D.O has also gone to the extent of disputing the ownership of Shree Nana also.

(3.) During the course of argument, it was fairly conceded by the counsel for the petitioner that in the light of judgment of the Supreme Court in the case of Jitendra Singh Vs. State of M.P. by order dated 6- 9-2021 passed in S.L.P. (C) No. 13146 of 2021 has held that the revenue authorities have no jurisdiction to mutate the names on the basis of Will. However, it is submitted that since in the present case the Will is not disputed and all the legal representatives of Shree Nana have agreed for mutation of the names of the petitioner on the basis of Will, therefore, the revenue authorities have jurisdiction to the entertain the said application.