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.

1. This petition under Article 226 of the Constitution of India has been preferred by the petitioner being aggrieved by the order dated 11.04.2019 (Annexure P/1) passed by the Additional Commissioner, Ujjain Division, Ujjain affirming the order dated 03.04.2018 (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 title and permanent injunction with respect to the disputed lands. The same was decreed by judgment and decree dated 31.03.1989. Thereafter the Collector, District Dewas as Manager of the deity filed a separate Civil Suit No.2-A/2006 for declaration of title and permanent injunction which was dismissed by Civil Judge, Class-II, Khategaon, District Dewas by judgment and decree dated 30.06.2007. The same was affirmed in appeal by judgment and decree dated 18.03.2009 passed by the lower appellate Court and was further affirmed by order dated 20.02.2024 passed by this Court in S.A. No.1391/2021.

3. In the meanwhile, the petitioner had filed an application under Sections 109 , 110 of the Code before the Tehsildar for her mutation over the disputed lands. The same was dismissed by the Tehsildar holding that it has been filed after a period of 27 years from the date of passing of the judgment and decree by the trial Court hence is barred by time. The said order was affirmed by the Sub Divisional Officer and further by the Additional Commissioner by the impugned order.

4. I have considered the submissions of the learned counsel for the parties and have perused the record.

5. Mutation in revenue records is made pursuant to an application filed under Sections 109 , 110 of the Code the relevant part of which are as under :-

"109. Acquisition of rights to be reported.

(1) Any person lawfully acquiring any right or interest in land shall report his acquisition of such right within six months from the date of such acquisition in the form prescribed -

(a) to the Patwari or any person authorised by the State Government in this behalf or Tahsildar, in case of land situated in non-urban area;

(b) to the Nagar Sarvekshak or any person authorised by the State Government in this behalf or Tahsildar, in case of land situated in urban area :

(2) When any document purporting to create, assign or extinguish any title to or any charge on land used for agricultural purposes, or in respect of which a khasra has been prepared, is registered under the Indian Registration Act, 1908 (No. 16 of 1908), the Registering Officer shall send intimation to the Tahsildar having jurisdiction over the area in which the land is situated in such Form and at such times as may be prescribed.

(3) *********

(4) *********

(5) Any report regarding the acquisition of any right under this section received after the specified period shall be dealt with in accordance with the provisions of Section 110 .

110. Mutation of acquisition of right in land records.

(1) The Patwari or Na