SUSHILABAI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been preferred by the petitioner being aggrieved by the order dtd. 11/4/2019 (Annexure P/1) passed by the Additional Commissioner, Ujjain Division, Ujjain affirming the order dtd. 3/4/2018 (Annexure P/8) passed by the Sub Divisional Officer (Revenue), Khategaon, District Dewas which in turn had affirmed the order dtd. 29/12/2017 (Annexure P/7) passed by the Naib Tehsildar, Tappa Rangaon, District Dewas whereby her application preferred under Ss. 109, 110 of M.P. Land Revenue Code,1959 for her mutation over the disputed land had been rejected.

(2.) The facts of the case in brief are that the petitioner was given certain agricultural land at Village Ameli, Tehsil Khategaon, District Dewas for performing Pooja of Shri Shankar Bhagwan Murti, Shri Shankar Mandir, Ameli. The entries in the revenue records were illegally changed by the respondents and the name of Collector as Manager was inserted therein. This led to filing of Civil Suit No.303-A/1980 before the Civil Judge, Junior Division, Khategaon, District Dewas for declaration of title and permanent injunction. The same was decreed by judgment and decree dtd. 31/3/1989. Thereafter the Collector, District Dewas as Manager of the deity filed a separate civil suit bearing No.2-A/2006 for declaration of title and permanent injunction which was dismissed by Civil Judge, Class-2, Khategaon, District Dewas by judgment and decree dtd. 30/6/2007. The same was affirmed by judgment and decree dtd. 18/3/2009 passed in Civil Appeal No.25-A/2007 by the Additional District Judge, Kannod, District Dewas. The same was further affirmed by order dtd. 20/2/2024 passed by this Court in S.A. No.1391/2021.

(3.) In the meanwhile, the petitioner had filed an application under Ss. 109, 110 of the Code, 1959 before the Tehsildar for her mutation over the disputed lands. The same was dismissed by the Tehsildar holding that the application for mutation has been filed after a period of 27 years from the date of passing of the judgment and decree by the trial Court. The same was affirmed by the Sub Divisional Officer and further by the Additional Commissioner by way of the impugned order.