Khub Chand Rai vs Ramesh Kumar Rai - 2021 Supreme(MP) 405

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2021 Supreme(MP) 405

VISHAL DHAGAT
Khub Chand Rai – Appellant
Versus
Ramesh Kumar Rai – Respondent

Advocates:
Dr. Anuvad Shrivastava for petitioner;
R.K. Verma with R.M. Tiwari for respondents No. 1 to 7.

ORDER

1. Petitioner has filed this misc. petition under Article 227 of the Constitution of India, calling in question order dated 16.3.2020, contained in Annexure P/5, passed by Board of Revenue, Gwalior, Camp at Sagar. By impugned order dated 16.3.2020 matter was sent to Tehsildar, Damoh to take action as per order dated 12.2.2020 passed in Revenue Case No.8/A-6-A/2019-2020.

2. Issue before the Revenue Court was in respect of order dated 16.9.2013 passed by Tahsildar that is amended mutation entry No.397. One Khub Chand Rai, who is petitioner in this case, has filed an application for mutation before Tehsildar. By order dated 16.9.2013 Naib Tehsildar ordered to enter his name in the revenue records. Said order was challenged by legal heirs of deceased Gulab Rani before S.D.O.

Appellants who are respondents herein made submission before S.D.O that Mahadev Prasad Rai and Gulab Rani had eight sons. Khub Chand Rai got his name mutated in revenue records by playing fraud. He has suppressed the fact regarding surviving legal heirs of Mahadev Prasad Rai and Gulab Rani. No notices were issued to surviving legal heir, report of Patwari was not called, no proclamation was made and contrary to

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