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MILIND RAMESH PHADKE
Brijkishor – Appellant
Versus
Arun Kumar – Respondent
ORDER
1. This order shall govern disposal of W.P. No.38629/2024 and W.P. No.7032/16.
2. For the sake of convenience, facts are taken from W.P. No.38629/2024.
3. These writ petitions have been filed by the petitioners challenging the order dated 16.4.2015 passed by Board of Revenue Madhya Pradesh, Gwalior in Revision No.301-1/2008 whereby the disputed land has been declared as Government Land under section 176 of the Madhya Pradesh Land Revenue Code, 1959.
4. In brief, the facts of the case are that, late Smt. Sarju Bai W/o Saligram who had ½ share as bhumiswami rights out of 5/6th share of the agricultural land bearing Survey Nos. 791, 1314, 1992, 1996, 1999, 2470, 2475, 2766, 2767, 2768, 2771, 2809, 2810, 2828, 2829, 2830, 2831, 2834, 2835, 2832, 2839, 2840, 2841, 2847, 2848, 2849, 3227 total survey No.27, and total area 12.123 hectare situated at village Piparoua Kalan Tehsil and District Datia. The said survey numbers were renumbered as 107, 664, 669, 1124, 1872, 1877, 1887, 2058, 2062, 2066, 2068, 2070, 2071, 2074, 2075, 2076, 2236 total survey numbers 17 and total area 12.13, the bumiswami rights of which were acquired by her in succession after the death of her husband late Shri
The Revenue Court has no jurisdiction to decide the genuineness of a Will, and only the Civil Court can determine the genuineness of a Will.
Land transfers by government lessees require prior approval from a Revenue Officer; transactions made without such consent are invalid.
The mutation application based on an unchallenged sale deed cannot be dismissed in summary proceedings, affirming the Board of Revenue's review authority under the U.P. Land Revenue Act.
The court affirmed that Bhumiswami rights cannot be transferred without proper permissions as mandated by the Land Revenue Code, and the petitioners failed to establish valid occupancy rights.
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