VEER SINGH Vs. GOVIND SINGH

JUDGEMENT

(1.) Shri Satendra Singh Rawat, learned counsel for the petitioner. Shri R.K.Upadhyay, learned Government Advocate for the respondents No.5 and 6/State.

(2.) This miscellaneous petition under Article 227 of the Constitution of India has been filed against the order dated 31/05/2019 passed by Additional Commissioner, Bhopal Division, Bhopal in Case No. 451/17- 18/Appeal and order dated 26/12/2017 passed by SDO, Vidisha in Case No. 198/Appeal/2016-17 by which the order dated 18/10/2017 passed by Naib Tehsildar, Circle 2/2, Tehsil Vidisha, District Vidisha in the Case No. 28/a-3/2016-17 has been set aside.

(3.) The necessary facts for the disposal of the present petition in short are that on 11/05/2016 the petitioner had filed an application before the court of Tehsildar, Tehsil Vidisha for partition of Survey No. 637/2/1, 638/2 and 713/2. It appears that the co-owners/co-sharers of the said property were not impleaded in the application, however, the then Naib Tehsildar, Circle 2/2 Tehsil Vidisha by order dated 10/08/2017 in Case No.28/a-3/2016-17, passed the order of partition by mentioning that the co-owners Sitaram, Madho Singh, Veer Singh, Udham Singh, Dheeraj Singh, Arjun Singh and Tej Singh have given their consent for partition. However, it is further mentioned by the Tehsildar that since, the application was not signed by other co-sharers, therefore, the public notice of Fard was given but no objection was received.