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MILIND RAMESH PHADKE
Kishore Singh – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The present petition under Article 226 of the Constitution of India is directed against the order dated 5.12.2023 passed by the Additional Collector, District Vidisha (M.P.) in Revision No.36/2023-24 whereby revision filed by the petitioner against the order dated 11.5.2023 passed by the Sub-Divisional Officer, Basoda District Vidisha (M.P.) in appeal No.174/2021-22 was dismissed and the order of appeal was upheld and which resulted that Panji No.7 dated 20.4.2010 of partition as certified by the Tehsildar was upheld.
2. The aforesaid orders have been assailed on the ground that they are against the provisions of section 178 of M.P. Land Revenue Code, 1959 as they are passed without following due procedure prescribed for mutation and partition and on the date, respondent No.4 was not having any right and title/interest in the land. He was not the owner or co-owner and, therefore, no land could have been given in partition to him as he was a third party.
3. The short facts leading to controversy are that petitioner’s father Late Shri Bheem Singh was exclusive owner of the land bearing survey No. 26, 35/2, 74, 85, 86 & 88/1 total area 14.601 hectare situated in Village Pathari,
The court upheld that consent to partition proceedings precludes claims of violation of natural justice, affirming the legality of the actions taken by revenue authorities.
The judgment emphasizes the legal principle that mutation does not confer title and a co-sharer cannot relinquish their right without executing a relinquishment deed.
Jurisdiction of revenue authorities in determining title over ancestral property and the appropriate forum for resolving property disputes
The main legal point established in the judgment is that the court has the power to allow amendments to the plaint to prevent the inexecutability of a partition decree.
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