Chetna Dholakhandi vs State of M. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(MP) 422

RAJEEV KUMAR SHRIVASTAVA
Chetna Dholakhandi – Appellant
Versus
State of M. P. – Respondent

Advocates:
Yash Sharma for petitioners;
Vijay Sundaram, Panel Lawyer for respondent/State.

ORDER

1. The present miscellaneous petition has been preferred under Article 227 of the Constitution of India, challenging the order dated 31.3.2021 passed by Tahsildar, Kolaras, District Shivpuri in Case No.0033/A27/20-21, whereby the Tahsildar exercising the power under Section 178 of MP Land Revenue Code, 1959 (for brevity, the 'Code') partitioned the holding in favour of respondent No.6-Gopal Dutt Dholakhandi.

2. The facts of the case in nutshell are that the land bearing Survey No. 566 admeasuring 3.990 hectares situated in village Dodiyai, Tahsil Kolaras, District Shivpuri was of the ownership of Late Keshav Dutt Dholakhandi. After death of Keshav Dutt Dholakhandi, the land came in heritance to Gopal Dutt (respondent No.6 herein), deceased Hem Dutt (husband of petitioner No.1 and father of petitioners No.2 and 3), Ram Dutt , Smt. Kamla Sharma and Smt. Mohini (daughters of Late Keshav Dutt). Respondents No.4 and 5 – Smt. Kamla Sharma and Smt. Mohini moved an application for partition in respect of land bearing survey No. 566/1 area 3.990 hectares. In the said proceeding, respondent No.7 to 9, namely, Brajendra Singh Raghuvanshi, Kuldeep Raghuvanshi and Bharat Singh Raghuvanshi,

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