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MILIND RAMESH PHADKE
Ram Singh Raghuvanshi – Appellant
Versus
Urmila (Died) through LRs Smt. Shashi Raghuvanshi – Respondent
ORDER
1. The instant petition, under Article 226/227 of the Constitution of India, has been filed by the petitioner against the order dated 5.10.2018 passed by the Additional Commissioner, Gwalior Division, Gwalior in a Second Appeal No.651/2016-17; whereby, while allowing the said appeal, the order of Sub-Divisional Officer, Gwalior dated 31.7.2017 whereby the order of mutation of the petitioner in the revenue records vide Resolution No.17, dated 24.7.2004 on the basis of sale deed dated 12.1.2001 was set aside, was affirmed.
2. Short facts of the case are that the present petitioner had purchased the land bearing Survey No.1527, ad-measuring 1.62 hectares by way of registered sale deed dated 12.1.2001 from late Urmila through her husband Hari Singh as her power of attorney dated 10.1.2001. On the basis of the said sale deed, name of petitioner got duly mutated in the revenue records by the Gram Panchayat by passing resolution No.17 vide order dated 24.7.2004. After lapse of 10 years, the respondent (since deceased) had filed an application before the SubDivisional Officer, challenging the said order of mutation, which was registered as Case No.59/2013-14/Appeal. Vide order dated 31
The dismissal of suits filed by the respondents influenced the court's decision to quash the order staying the mutation entry in favor of the petitioner.
Once a registered sale deed is executed, revenue entry is required to be mutated on the basis of such sale deed.
Mutation proceedings do not confer title, and substantive rights must be established in a competent civil court.
Mutation proceedings are summary in nature, and existing entries indicating ownership should not be disturbed without substantial evidence, reaffirming the presumption of ownership based on prior rec....
Revenue authorities cannot adjudicate title disputes in mutation cases; established rights remain intact despite challenges.
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