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Judgment
11 paragraphs · 331 wordsVishal Dhagat, J
Petitioners have filed this miscellaneous petition challenging orders dated 30.10.2015, 22.6.2016 and 21.12.2021 contained in Annexures P/2, P/3 and P/8 respectively.
Petitioners have filed an application for mutation before Tehsildar on basis of will. Will executed in favour of petitioners is disputed by respondents, therefore, Tehsildar has passed an order that parties may approach Civil Court for establishing their title. No illegality in the order passed by the Tehsildar is found. In the appeal SDO has affirmed the order of Tehsildar directing parties to approach Civil Court but he has ordered Tehsildar to take action under Section 177 of the M.P. Land Revenue Code and enter the name in land of State Government. Order of SDO was further challenged before Commissioner Narmadapuram.
Commissioner allowed the appeal and remanded the matter back to Tehsildar to consider case afresh in the light of Hindu Succession Act.
Counsel for the petitioners submitted that orders suffer from illegality and, therefore, orders may be set aside.
Heard learned counsel for the parties.
SDO has given direction that Tehsildar may take action in accordance with Section 177 of the M.P.Land Revenue Code and in appeal Commissioner has further given direction to Tehsildar by remanding the matter that he may pass fresh order in accordance with Hindu Succession Act. Commissioner could not give direction to Tehsildar to pass order examining the interest of parties in accordance with Hindu Succession Act. Question of title is to be decided by Civil Court and Revenue Officer has no jurisdiction to decide the question of title.
In view of above, issue notice to the respondents on payment of process fee within seven days.
Notices be made returnable within four weeks.
Orders passed by SDO and Commissioner so far as it relate to taking action under Section 177 of the M.P. Land Revenue Code and to pass fresh order in the light of Hindu Succession Act shall remain stayed till the next date of hearing.
Certified copy as per rules.