ORDER :

Vishal Dhagat, J.

1. Petitioner has filed this misc. petition calling in question order passed by Additional Commissioner, Bhopal dated 27.11.2019 by which order passed by SDO and Naib Tehsildar dated 15.02.2019 and 15.01.2018 was set aside and application for mutation filed by Mohd. Sarwar Khan was allowed.

2. Brief facts of the case are as under:-

Respondent Mohd. Sarwar Khan filed an application under sections 109 and 110 of M.P. Land Revenue Code, for mutation of his name on land bearing Survey number 288, measuring 7.350 Ha. situated in Village Sagoni Kalan, Tehsil Hazur, District Bhopal, MP. Application for mutation was filed on the ground that late Dr. Harwant Singh Kapoor had executed a 'Will' on 13.05.1988 in favour of respondent Mohd. Sarwar Khan. On the basis of said 'Will' respondent Mohd. Sarwar Khan is in possession over the land and is doing agriculture over it. Since testator had died, therefore, land may be mutated in the name of legatee. Learned Naib Tehsildar by order dated 15.01.2018 dismissed the application for mutation on the ground of delay. Naib Tehsildar held that 'Will' was executed on 13.05.1988 and thereafter testator had died on 29.06.2012. Applica