BABULAL Vs. SHIVKUMAR TIWARI

JUDGEMENT

(1.) THIS judgment shall govern disposal of W.P. No. 139/06 and W.P. No. 22/06. As both these petitions are filed by two different sides challenging order dated 19.12.2005 passed by Additional Commissioner, Gwalior, Division Gwalior in Revision No. 98/04-05/Revision whereby the Commissioner has allowed the said revision in exercising of powers under section 50 of M.P.L.R. Code, 1950 and set aside the order dated 5.11.1998 passed by SDO, Gwalior in Case No. 09/96-97/Appeal.

(2.) THE brief facts of the case are that the petitioner in W.P. No. 139/06 has filed this petition alleging that land bearing Khasra No. 243 (Min-1) is situated in a village Thatipur and is having an area of0.097 hectares. The said property was initially owned by Laxman. The heirs of Laxman is given as under: ...[VERNACULAR TEXT OMMITED]...

(3.) AN application was moved by Bhaggobai and Chhutto Bai who are daughters of Kashi Ram for mutating their names against the half-share of Kashi Ram and this application was allowed by SLR vide order dated 12.6.1996 Annexure P-3. This order was challenged by Shiv Kumar Tiwari and Babu Lai Tiwari by filing an appeal before the SDO. The SDO decided the appeal by order dated 5.11.1998 Annexure P-4 whereby he has set aside the order dated 12.6.1996 Annexure P-3 passed by the SLR and remanded the matter back for re-hearing the matter after affording the parties an opportunity of being heard. In pursuance to order of remand, the Tahsildar passed an order Annexure P-6 dated 6.5.1999 whereby he has directed that the names of Kailash Prasad and thereafter, now Shiv Kumar Tiwari be recorded as successor of Kashi Ram against his one-half share on the basis of the will made by Kashi Ram. This order was challenged by Murari Lai Mishra and Om Prakash Mishra by filing a revision before the Commissioner. This revision was registered as Revision No. 98/04-05 which was allowed on 19.12.2005 vide Annexure P-1. The Commissioner set aside the order passed by SDO dated 5.11.1998 and Tahsildar dated 6.5.1999 and maintained the order dated 12.6.1996 Annexure P-3. This order is challenged in both these petitions under Article 227 of the Constitution of India.