Ravindra Singh vs Harsh Kumari - 2024 Supreme(MP) 495

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(MP) 495

BOARD OF REVENUE
Shri Ashwini Kumar Rai, President and Shri B.R. Patil, Member
Ravindra Singh v. Smt. Harsh Kumari
Revision No. 3774-III/ 2013/Chhatarpur: against the order dated 30.8.2013 passed by the Additional Commissioner, Sagar Division, Sagar in Case No. 806/A-6/2008-09; Decided on 31.5.2024

Advocates:
Mukesh Belapurkar for applicant;
S.K. Awashi and K.D. Dixit for non-applicant.

Headnote:
¼1½ Òw&jktLo lafgrk] 1959 ¼eŒçŒ½ & èkkjk 109] 110 rFkk 178 & ukekarj.k fu;e & fuŒ 27 & 100 ,dM+ Òwfe d¢ lacaèk esa ukekarj.k dk;Zokgh & ukekarj.k iath esa oa’k&o`{k n’kkZ;k x;k & leLr fgrc) O;fä;¨a d¨ lwpuk fn, fcuk] ukekarj.k iath esa ekrk dh fVIi.kh d¢ vkèkkj ij ekrk d¢ uke 70 ,dM+ Òwfe rFkk mld¢ iq= d¢ uke ij 30 ,dM+ Òwfe dk ukekarj.k fd;k x;k & mldh iq=h d¢ fy, dqN Òh ugha N¨M+k & èkkjk 110 d¢ vèkhu leLr okfjl ukekarj.k d¢ gdnkj gSa & ukekarj.k dk;Zokgh esa foÒktu vuqKs; ugha & ukekarj.k iath esa ukekarj.k lg&foÒktu vkns’k ikfjr fd;k x;k & ,slk vkns’k voSèk vkSj vfèkdkfjrkjfgr gh ugha] vfirq 'kwU; gS & vikLr fd;k x;k & u, fljs ls fuiVkjs d¢ fy, ekeyk rglhynkj d¨ çfrçsf"krA ¼iSjk 11 ls 14 ,oa 18½
¼2½ Òw&jktLo lafgrk] 1959 ¼eŒçŒ½ & èkkjk 178] 109 rFkk 110 & ukekarj.k dk;Zokgh & mi;qZä èkkjkv¨a d¢ vèkhu fofgr çfØ;k rFkk lqlaxr fu;e¨a dk vuqlj.k fd, fcuk] ukekarj.k iath esa ukekarj.k rFkk foÒktu dk vkns’k ikfjr & ukekarj.k iath esa foÒktu vuqKs; ugha & ,slk vkns’k voSèk vkSj vfèkdkfjrkjfgr gh ugha] vfirq 'kwU; gS & vikLr fd;k x;kA ,vkbvkj 1954 ,llh 340 vuqlfjrA 1994 jkfu 302 voyafcrA ¼iSjk 13] 14 ,oa 18½
¼3½ flfoy çfØ;k lafgrk] 1908 & vkŒ 32 fuŒ 3 & eŒçŒ Òw&jktLo lafgrk] 1959 & èkkjk 109 rFkk 110 & ukekarj.k dk;Zokgh & vo;Ld dk laj{kd fu;qä fd, fcuk] ukekarj.k iath esa ukekarj.k rFkk foÒktu vkns’k ikfjr -- ,slk vkns’k voSèk vkSj vfèkdkfjrkjfgr gh ugha] vfirq 'kwU; gS & vikLr fd;k x;kA ,vkbvkj 1968 ,llh 954 rFkk ,vkbvkj 1954 ,llh 340 vuqlfjrA ¼iSjk 15 ls 18½
(1) Land Revenue Code, 1959 (M.P.) -- Ss. 109, 110 and 178 -- Mutation Rules -- R. 27 -- mutation proceeding regarding area of 100 acres land -- genealogical tree shown in mutation register -- without notice to all interested persons, on basis of noting of mother on mutation register, 70 acres of land mutated in name of mother and 30 acres of land mutated in name of her son -- leaving nothing to her daughter -- under section 110, all heirs are entitled for mutation -- partition is not permissible in mutation proceeding -- mutation-cum-partition order passed in mutation register -- such order is not only illegal and without jurisdiction, but also void -- set aside -- matter remanded to Tahsildar for fresh disposal. [Paras 11 to 14 & 18]
(2) Land Revenue Code, 1959 (M.P.) -- Ss. 178, 109 and 110 -- mutation proceeding -- without following procedure prescribed under above sections and revelant rules, order of mutation and partition passed on mutation register -- partition on mutation register is not permissible -- such order is not only illegal and without jurisdiction but also void -- set aside. AIR 1954 SC 340 followed. 1994 RN 302 relied on. [Paras 13, 14 & 18]
(3) Civil P.C. 1908 -- O. 32 R. 3 -- M.P. Land Revenue Code, 1959 -- Ss. 109 and 110 -- mutation proceeding -- mutation and partition order passed on mutation register without appointing guardian of minor -- such order is not only illegal and without jurisdiction, but also void -- same set aside. AIR 1968 SC 954 and AIR 1954 SC 340 followed. [Paras 15 to 18]

ORDER

Per. Ashwini Kumar Rai, President.

1. This is a revision, filed under the provisions of Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as "Code" for brevity), against the order No. 806/A-6/2008-09 dated 30.8.2013, passed by Additional Commissioner, Sagar Division, by which the second appeal filed by the applicant against the order No. 36/Appeal/2007-08 dated 15.6.2009 passed by the Sub-Divisional Officer, Naugaon in first appeal, has been rejected and the order No. 36/Appeal/2007-08 dated 15.6.2009 passed by the Sub-Divisional Officer, Naugaon in first appeal as well as the mutation entry at Sl. No. 71 dated 29.9.1971 of the Mutation Register ¼ukekarj.k iath½ of Village Garrauli, which was certified by Naib Tahsildar, Naugaon on 15.11.1970, have been affirmed.

2. The dispute in this case concerns Khasra No. 5/49 of Village Garrauli, comprising a total extent of 100 acres of land, owned by Late Shri Dewan Bahadur Raja Raghuraj Singh Deo, the Ruler of Garrauli State. On his demise on 16.9.1964, the applicant, being the only and rightful claimant to the throne of Late Shri Dewan Bahadur Raja Raghuraj Singh Deo of Garrauli State, was recognised as the Ruler of Garrauli State with effect from 17.9.1964, vide Government of India, Ministry of Home Affairs Order No. F.11/14/64-Poll.III dated 17.4.1965. At that time, the applicant was a minor and as a result, his mother, the non-applicant No. 6 in this case, was looking after him as well as his properties, including the property under dispute here in this case. It was during this period that the non-applicant No. 6 happened to sell a total of 70 acres of land comprised in the above-mentioned Khasra No. 5/49 to three persons, viz., her brother's son Kuwar Padma Pratap Singh (20 acres), her sister Smt. Brijesh Kumari (25 acres) and her other sister Smt. Kusum Kumari (25 acres), vide three sale deeds, all executed on 9.9.1970. Thereafter, as per mutation entries at Sl. Nos. 68, 69 and 70, all dated 29.9.1970, of the Mutation Register ¼ukekarj.k iath½ of Village Garrauli, all certified by Naib Tahsildar, Naugaon on 15.11.1970, mutations were effected in favour of the above-mentioned purchasers, viz., Kuwar Padma Pratap Singh (20 acres), Smt. Brijesh Kumari (25 acres) and Smt. Kusum Kumari (25 acres) respectively. Subsequently, through another mutation entry at Sl. No. 71 dated 1.10.1970 of the Mutation Register ¼ukekarj.k iath½ of Village Garrauli, this to certified by Naib Tahsildar, Naugaon on 15.11.1970, name of the non-applicant was ordered to be mutated against 70 acres of land out of the total of 100 acres of land comprised in the above-mentioned Khasra No. 5/49 and the name of the applicant was ordered to be mutated against the remaining 30 acres of land comprised in the said Khasra No. 5/49, after striking off the name of Late Shri Dewan Bahadur Raja Raghuraj Singh Deo, the husband of the non-applicant no. 6 and father of the applicant.

3. The applicant, being aggrieved by the mutation effected as per the mutation entry at Sl. No. 71 dated 1.10.1970 of the Mutation Register ¼ukekarj.k iath½ of Village Garrauli, which was certified by Naib Tahsildar, Naugaon on 15.11.1970 and being unsuccessful in getting his grievances redressed through channels of appeal, has filed this revision before us. It needs to be pointed out in this context that the applicant, also being aggrieved by the mutation effected as per the mutation entry at Sl. No. 70 dated 29.9.1970 of the Mutation Register ¼ukekarj.k iath½ of Village Garrauli, which too was certified by Naib Tahsildar, Naugaon on 15.11.1970 and being unsuccessful in getting his grievances redressed through channels of appeal in that case too, has filed another revision before us, which is being dealt with in Revision No. 3772-III/2013/Chhatarpur. In addition to the above, the applicant, being further aggrieved by the mutations effected as per the mutation entries at Sl. No. 68 and 69, these too dated 29.9.1970 of the Mutatio