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VISHAL MISHRA
Narayan Prasad Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
Vishal Mishra, J.
1. The present petition is being filed by the order passed by the Additional Commissioner, Gwalior Division, Gwalior, by which the appeal filed by the petitioners is dismissed as not maintainable. The petitioners also aggrieved by the order passed by the Tehsildar, Tehsil Aron, District Guna on 31.05.2018 whereby he rejected the application of the petitioners on the ground that the matter being stayed until filing of the appeal before the appellate authority without assigning any reason.
2. It is pointed out that the petitioners are owners of the land situated in Village Mata Mundra, bearing Survey No. 249, Rakwa 0.188 hec., 254 rakwa 0.042 hec., 284 rakwa 0.115 hec, out of it rakwa 0.031 hec., 579 rakwa 1.755 hec., 580, rakwa 0.251 hec. out of it rakwa 0.126 hec., 581, rakwa 10.398 hec, out of it rakwa 7.838 hec., Total Area 6, Rakwa 9.980 hectares. The land was purchased by the petitioners from Harbhajan by a registered sale deed dated 27.06.1961 and possession was taken and during the life time of Jugal Kishore, who was father of the petitioners has cultivated the land and after his death, petitioners have cultivated the land in question.
3. The Patwari
The central legal point established is that the authorities are bound to mutate the names based on a judgment and decree, and that proceedings cannot be stayed solely on the anticipation of an appeal....
Mutation proceedings under Land Revenue Act are summary, entries serve only fiscal purposes and do not confer title. Writ against such orders not maintainable; title disputes to be adjudicated by civ....
(1) Mutation entry does not confer any right, title or interest in favour of person and mutation entry in revenue record is only for fiscal purpose.(2) Title of property can only be decided by a comp....
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