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ASHWINI KUMAR RAI, B. R. PATIL
Ravindra Singh – Appellant
Versus
Harsh Kumari – Respondent
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 Garra
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
The Revenue Tribunal must ensure compliance with statutory requirements in mutation proceedings, retaining jurisdiction to review such orders despite disputes over title.
Complicated inheritance disputes regarding land rights should be resolved through regular civil suits, not summary mutation proceedings, as determined under applicable land laws.
The main legal point established in the judgment is that the Divisional Commissioner acted beyond jurisdiction in entertaining the revision application and passing the impugned orders, as the power o....
(1) Mutation – There is no bar for seeking mutation based on a Will – However, in a case of serious dispute regarding validity/genuineness of Will, appropriate course for parties would be to approach....
The mutation of self-acquired property requires a relinquishment deed and cannot be authorized by revenue authorities without jurisdiction, particularly when delay in appeal is not condoned.
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