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PRANAY VERMA
Sushila Bai – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This petition under Article 226 of the Constitution of India has been preferred by the petitioner being aggrieved by the order dated 11.4.2019 (Annexure P/1) passed by the Additional Commissioner, Ujjain Division, Ujjain affirming the order dated 3.4.2018 (Annexure P/8) passed by the Sub Divisional Officer (Revenue), Khategaon, District Dewas which in turn had affirmed the order dated 29.12.2017 (Annexure P/7) passed by the Naib Tehsildar, Tappa Rangaon, District Dewas whereby her application preferred under sections 109, 110 of M.P. Land Revenue Code,1959 (hereinafter referred to as "the Code") for her mutation over the disputed lands had been rejected.
2. The facts of the case in brief are that the petitioner was given certain agricultural land at Village Ameli, Tehsil Khategaon, District Dewas for performing Pooja of Shri Shankar Bhagwan Murti, Shri Shankar Mandir, Ameli. She was recorded thereupon. The entries in the revenue records were altered by the respondents and the name of Collector as Manager was recorded therein. This led to filing of Civil Suit No.303-A/1980 by petitioner before the Civil Judge, Junior Division Khategaon, District Dewas for declaration of her t
The procedural nature of Section 109 of the M.P. Land Revenue Code means that delays in filing mutation applications do not preclude their consideration under Section 110.
Provisions of Limitation Act, same cannot apply to the facts of instant case, which is otherwise covered and required to be determined in terms of Sections 35 to 41 of Act.
The mandatory reporting of acquisition of legal right and interest within 6 months, the jurisdiction of revenue courts in mutation proceedings, and the principle of estoppel were central legal points....
(1) Mutation – There is no bar for seeking mutation based on a Will – However, in a case of serious dispute regarding validity/genuineness of Will, appropriate course for parties would be to approach....
A landowner's right to mutate property based on a registered sale deed cannot be legally denied without lawful acquisition or evidence of ownership disputes.
Delay in filing a mutation application raises doubts about its legitimacy, especially when previous claims have already been adjudicated and dismissed.
Mutation proceedings under the U.P. Land Revenue Act are summary in nature and do not confer title or extinguish rights. The only way to establish title is through a regular suit for declaration.
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.
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