Back
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR
Kaid Johar – Appellant
Versus
Revenue Department – Respondent
ORDER :
SUBODH ABHYANKAR, J.
1] Heard.
2] This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-
“a. The order dated 03.06.2019 (Annexure P/11) passed by the Additional Collector, Neemuch in Revision Case No. 29/2019-20, the order. dated 10.06.2019 (Annexure P/15) passed by the SDO, Neemuch in Appeal Case No.7112017-18 as also the order (Annexure P/18) dated 18.03.2020 passed by the Additional Commissioner, Ujjain in Appeal Case No.322/2019-20 be set aside by issuance of a writ in the nature of certiorari or by any other appropriate writ, order or direction in exercise of writ jurisdiction of this Hon’ble Court;
b. Costs of the petition be awarded to the petitioner from the respondents; and
c. Any other relief which this Hon'ble Court may deem fit in the facts of the present case be granted in favour of the petitioner.”
3] Brief facts of the case are that a dispute arose between the parties regarding mutation in respect of agricultural land bearing Khata No. 1677 (comprising of survey nos. 382/2and 435), Khata No. 178 (comprising of survey nos.382/2, 384and 433) of village Manasa, District Neemuch and Khata no. 3
Deemed consent applies when heirs benefit from a mutation order and remain silent, barring later challenges after significant delays.
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
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....
Writ petitions against mutation orders are maintainable if they violate natural justice or are issued without jurisdiction, reaffirming the need for proper procedural adherence in land revenue matter....
The main legal point established in the judgment is that the statutory procedure for mutations and service of summons must be followed, and events and circumstances after the expiry of the limitation....
The main legal point established in the judgment is the binding nature of Civil Court decrees on revenue authorities and their duty to incorporate decrees in the revenue record.
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
