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2012 Supreme(MP) 640

SUJOY PAUL
Shakuntalabai – Appellant
Versus
Chatur Singh – Respondent


Advocates:
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H.D. Gupta with N.K. Gupta for petitioner; K.S. Tomar with Sanjay Tomar for respondent No. 1, V.K. Bhardwaj with Anand V. Bhardwaj for respondents No. 3 and 4, Praveen Newaskar, Dy. Government Advocate for State.

ORDER

1. In this petition filed under Article 226 of the Costitution, the case of the petitioner is as under:-

The petitioner is the owner of land along with other family members. The land is in survey No. 697/02 min area 10.141 hectare. A power of attorney was executed by the petitioner in favour of Hemsingh, whereby he was authorised to look after the land but no authority for alienating the land was given to him. This power of attorney was also subsequently cancelled. Hemsingh alienated the land in the name of his own son and some other persons. The son of Hemsingh i.e. Balveer Singh (respondent No. 3) and other persons got their names mutated in the revenue record. No information is given to the petitioner in the mutation proceedings before recording the names of respondents in the revenue record. The petitioner feeling aggrieved with the said action of the Tahsildar preferred an appeal before the Sub-Divisional Officer (SDO) bearing appeal No. 99/05. The appeal aforesaid was filed by all the owners of the land and the SDO after hearing the parties by order dated 24.5.2006 allowed the appeal and set aside mutation made in favour of respondents No. 1 to 4. The matter was remitted
































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