Back
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PRANAY VERMA
Sushilabai – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner seeks mutation for agricultural land. (Para 1 , 2 , 3) |
| 2. analysis of procedural rules for mutation applications. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. court quashes previous orders and remands case. (Para 10 , 11) |
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
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.
Mutation proceedings under the U.P. Land Revenue Act do not confer title, and jurisdiction to decide title issues lies solely with civil courts.
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....
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.
(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....
Revenue authorities cannot adjudicate title, probate or decree validity in mutation proceedings; must effect mutation on registered civil decrees for fiscal purposes unless set aside by competent cou....
Revenue authorities must effect mutation based on registered civil court consent decrees without adjudicating title, probate, prohibitory orders, or registration issues, as proceedings are fiscal onl....
Delay in filing a mutation application raises doubts about its legitimacy, especially when previous claims have already been adjudicated and dismissed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
