SUSHILA BAI 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 (hereinafter referred to as "the Code") for her mutation over the disputed lands 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. She was recorded thereupon. The entries in the revenue records were altered by the respondents and the name of Collector as Manager was recorded therein. This led to filing of Civil Suit No.303-A/1980 by petitioner before the Civil Judge, Junior Division Khategaon, District Dewas for declaration of her title and permanent injunction with respect to the disputed lands. 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 No.2-A/2006 for declaration of title and permanent injunction which was dismissed by Civil Judge, Class-II, Khategaon, District Dewas by judgment and decree dtd. 30/6/2007. The same was affirmed in appeal by judgment and decree dtd. 18/3/2009 passed by the lower appellate Court and 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 before the Tehsildar for her mutation over the disputed lands. The same was dismissed by the Tehsildar holding that it has been filed after a period of 27 years from the date of passing of the judgment and decree by the trial Court hence is barred by time. The said order was affirmed by the Sub Divisional Officer and further by the Additional Commissioner by the impugned order.