Revenue authorities cannot decide title based on a Will; such matters must be adjudicated in civil courts, and the authenticity of a Will must be proven for mutation.

ORDER :

By this common order, W.P. No.17922/2015, W.P. No.1676/2016 and W.P. No.12590/2016 shall be disposed of.

2. In W.P. No.17922/2015, following relief(s) has been claimed :

"(i) This Hon'ble Court may kindly be pleased to quash the impugned letter of the Collector dated 21.9.2015 (Annexure-P-13) and the order of the Sub Registrar (respondent No.4) dated 22.09.2015 (Annexure-P-14).

(ii) This Hon'ble Court may kindly be further pleased to command the Sub Registrar, Headquarter Tikamgarh (Respondent No.4) to register the sale-deed submitted by the petitioner.

(iii) Any other relief which this Hon'ble Court finds the petitioner entitled to be also granted.

(iv) Cost of the petition."

3. Whereas, in W.P. No.1676/2016, following relief(s) has been claimed:-

"(i) Hon'ble Court be pleased to summon the records of the proceedings conducted by the authorities below for its kind perusal.

(ii) Hon'ble Court be pleased to issue a writ in the nature of Certiorary quashing the impugned order dt.28/2/2014 passed by the Divisional Commissioner Sagar and the orders dt.17/4/2015 and 1/9/2015 passed by the Board of Revenue as ex-facie arbitrary and illegal.

(iii) Hon'ble Court be further pleased to affirm the orders dt.31/10/2006 and 9/08/2010 passed by the Naib Tehsildar and the SDO.

(iv) Any other suitable relief deemed fit in the facts and circumstances of the case may also kindly be granted together with the cost of this petition."

4. In W.P. No.12590/2016, following relief(s) has been claimed:-

"(i) Summon the entire material records from the possession of the respondents pertaining, for its kind perusal;

(ii) Quash and set aside the order dated 16.09.2015 (Annexure-P/1);

(iii) This Hon'ble Court may kindly be pleased to affirm the order dated 15.09.2015 (Annexure-P/18) passed by the Collector, Tikamgarh;

(iv) Any other order/ orders, direction/ directions may also be passed;

(v) Cost of the petition may also kindly be awarded."

5. Since all the Writ Petitions are arising out of same proceedings, therefore, before considering the case on merits, this Court would like to consider the facts of the case.

6. One Phuljhari Devi was granted temporary Patta on 05/09/1973. (It is made clear that said temporary Patta is not available on record). Even the period of temporary Patta is not known. The State of Madhya Pradesh issued a circular dated 26/06/1984 thereby amending the provisions regarding "allotment of Government lands which are fit for agricultural activities" and provided that in case if the land is allotted, then the said allotment shall be along with Bhumiswami rights. Accordingly, it was amended that if the allottees of previous allotments have not been given the Bhumiswami rights, then in the light of Patta granted to them Bhumiswami rights shall be conferred on them irrespective of the period of Patta.

7. It is submitted by counsel for petitioner that one Shiv Kumar tried to encroach upon the land of Phuljhari Devi and also got his name mutated in revenue records in place of Phuljhari Devi. Therefore, Civil Suit was filed by Phuljhari Devi against encroacher Shiv Kumar which was compromised in favour of Phuljhari Devi. Accordingly, Phuljhari Devi filed an application for mutation of her name which was dismissed by Tehsildar by order dated 31/10/2006. Thereafter, SDO also dismissed the Appeal filed by Phuljhari Devi. Phuljhari Devi filed an appeal before Additional Commissioner, Sagar Division Sagar which was registered as Appeal No.759/A-6/10-11. Additional Commissioner, Sagar Division Sagar by order dated 28/02/2014 allowed the Appeal and directed for mutation of name of Phuljhari Devi. However, it is submitted that SDO Niwari, District Tikamgarh instead of carrying out the order passed by Additional Commissioner, Sagar Division Sagar on 28/02/2014 wrote a letter to Collector Tikamgarh on 02/06/2014 requesting that the land in dispute is recorded in the name of State Government and without changing the use of Pathaar Bhumi, the same cannot be sub