KACHRU Vs. SHYAMLAL

JUDGEMENT

(1.) Petitioner has preferred this Misc. Petition Under Article 227 of Constitution of India being aggrieved by the impugned order dtd. 17/2/2021 passed by the Additional Commissioner, Ujjain in Case No.1246/appeal/2016- 17, whereby petitioner's appeal has been dismissed by upholding the order dtd. 20/7/2017 passed by the SDO, Mandsaur.

(2.) The brief facts of the case are that petitioner has preferred a civil suit against the respondent Nos.1 to 3 before the I Civil Judge, Class II, Mandsaur, which is registered as Civil Suit No.226/2016. Vide order dtd. 20/12/2016, the I Civil Judge, Class-II, Mandsaur has passed an order of temporary injunction against the respondents. Despite the stay order of civil Court, respondent No.2 has filed an application for mutation of his name in respect of land in question before the Tehsildar, Daloda, but same has been dismissed by order dtd. 20/4/2017. Thereafter, respondent No.1 preferred an appeal before the SDO, Mandsaur and the same has been allowed by setting aside the order passed by the Tehsildar. Then petitioner has preferred second appeal before the Additional Commissioner, Ujjain, but same has also been dismissed. Being aggrieved by the aforesaid, petitioner has preferred this petition.

(3.) Learned counsel for the petitioner contended that during the pendency of the civil suit and existence of stay order, the application for mutation has been rejected by the Tehsildar. The order passed by the Tehsildar is just and proper, but the appeal filed by the respondent No.1 has been allowed by SDO, Mandsaur and thereafter, the second appeal preferred by the present petitioner has been dismissed by the Additional Commissioner, Ujjain without having any jurisdiction. The order passed by the civil Court is binding upon the revenue Authorities, but same fact is not considered by the below revenue Authorities. Hence, he prays that order passed by the SDO, Mandsaur and Additional Commissioner, Ujjain be set aside.