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ROHIT ARYA, MILIND RAMESH PHADKE
Santosh Singh Chauhan – Appellant
Versus
Vikram Singh Tomar – Respondent
ORDER
Arya, J:- 1. This intra-Court appeal is directed against the order dated 2.8.2022 passed in W.P. No.228/2010 by the learned Single Judge in exercise of writ jurisdiction under Article 226 of the Constitution of India.
2. Facts necessary for disposal of the appeal are in narrow compass. The appellant Santosh Singh Chauhan filed an application before the Tahsildar seeking mutation of half of 9 bigha 18 biswa of agricultural land falling in Survey Nos. 187/1, 482/1, 485, 487, 488/1 and 524 of Village Jagnapura, Tahsil Gwalior, District Gwalior. The application for mutation was filed on the basis of registered Will dated 20.12.1988 executed by the Testator Maharaj Singh and duly attested by two witnesses, namely, Vikram Singh and Shiv Singh Tomar. Shiv Singh Tomar is son of the Testator. The Tahsildar passed the order of mutation dated 30.4.1991.
In the year 2006 the legal heirs of one of the attesting witnesses, namely, Vikram Singh filed an appeal under section 44 of MPLR Code after death of another attesting witness Shiv Singh in the year 2004 against the order dated 30.4.1991 before the SDO.
The SDO, vide interlocutory order dated 24.8.2006, ex facie found that appeal was barre
The main legal point established in the judgment is that mutation on the basis of a Will is not maintainable and falls within the domain of the civil court. Revenue authorities have a duty to ensure ....
The mandatory reporting of acquisition of legal right and interest within 6 months, the jurisdiction of revenue courts in mutation proceedings, and the principle of estoppel were central legal points....
Mutation proceedings under the Land Revenue Act are summary in nature and do not confer title; aggrieved parties must seek resolution in civil courts.
Deemed consent applies when heirs benefit from a mutation order and remain silent, barring later challenges after significant delays.
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