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G. S. AHLUWALIA
Arvind Dwivedi (Died) Through LRs Smt. Asha – Appellant
Versus
Naval Kishore – Respondent
ORDER
1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
"It is therefore most humbly prayed that this Hon'ble Court may kindly be pleased to allow the present petition and it is further prayed that the orders Annexure P-1 to P-3 may kindly be set aside in the interest of justice."
2. Since, the controversy in hand lies in a narrow campus, therefore, it is suffice to mention here that one Bitti Bai was the owner of the land in dispute. The respondent No.1 made an application for mutation of his name on the basis of Will executed by Bitti Bai whereas petitioners also claimed their title on the basis of another Will executed by Bitti Bai in their favour. The petitioners are the grandsons of Bitti Bai. The Application filed by respondent No.1 for mutation of his name on the basis of Will was allowed by Tahsildar and appeal filed by petitioners was rejected by SDO.
3. Being aggrieved by order dated 18.7.2014 passed by SDO Bhander, District Datia in Appeal No.30/Appeal/12-2013, petitioners preferred an appeal, which was dismissed by Additional Commissioner, Gwalior Division, Gwalior by order dated 9.10.2019 passed in case No.67/2
Revenue authorities lack jurisdiction to decide on the validity of a Will; such matters must be adjudicated by civil courts.
The main legal point established in the judgment is that revenue authorities have no jurisdiction to decide the correctness and genuineness of a 'Will' for the mutation of names in the revenue record....
Revenue authorities cannot mutate property based on a Will; such matters must be adjudicated by a civil court.
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