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 Saligram S/o Ramdayal, therefore, mutation order dated 18.7.1988 was passed by the Nayab Tahsildar in the compliance of the order dated 4.10.1986 which was passed in Appeal No.127/80-81. Smt. Sarju Bai had a sole daughter namely Kamla and she was married with the Ramsevak Pachori (Father of the Petitioners) and her name was changed as Parwati after her marriage in her matrimonial home. Smt. Kamla @ Parvati had died before her father therefore late Smt. Sarju Bai was the absolute owner of the aforesaid lands as per the provisions of Hindu Succession Act,1956.

5. In the aforesaid mutation case No. 12/77-78/A-6, Smt. Sarju Bai stated in her cross examination recorded therein that her daughter Kamla had died and earlier she used to reside in Piparoua with her Nati (son of her daughter). Thereafter, Smt. Sarjubai died on 8.7.1996 and before her death, she had executed a will dated 3.5.1996 in favour of the petitioners. On 20.5.2002, after the death of the late Smt. Sarju Bai, the petitioners/applicants moved an application for mutation of the disputed land before the Learned Tehsildar, Pargana Bhander, District. Datia M.P. on the basis of the her will dated 3.5.1996 alleging that the Late Smt. Sarjubai was their maternal grandmother (Nani) and she was the absolute owner and bhumiswami of the disputed land and she had executed a will of disputed land in favour of the petitioners before her death and had declared the petitioners as title holders and successors of the disputed land after her death and, therefore, prayed for mutation of the disputed land in favour of petitioners in the place of the Late Smt. Sarjubai in the revenue papers. On this application, Case was registered as bearing No. 09/02-03/A-6 and proclamation was issued, objections and patwari report were called, thereafter respondent No. 1 to 5 made objections and alleged that Late Smt. Sarjubai had also executed a will dated 15.5.1996 in their favour and prayed that mutation order be passed in favor of respondents. Revenue court of learned Tahsildar after hearing both the parties, examining the witnesses of both parties and after considering the facts and circumstances, allowed the application filed by the petitioners for mutation vide order dated 31.5.2005. After passing the mutation order in favour of the petitioners, entries were duly carried out in the revenue records of the year 2004-05 but at the time of entry in revenue records concerned patwari made a note that the land will be restricted from sale. The respondents filed an appeal against the aforesaid mutation order dated 31.5.2005 before the learned Sub-Divisional Officer, Bhander, District Datia which was registered as 271/04-05/Appeal, after hearing both the parties and considering the ground alleged therein, the appeal was dismiss