Revenue Courts do not have jurisdiction to decide civil rights or titles, and are bound by orders passed by Civil Courts in such matters.

ORDER :

ANIL VERMA, J.

Petitioner has preferred this Misc. Petition Under Article 227 of Constitution of India being aggrieved by the impugned order dated 17.02.2021 passed by the Additional Commissioner, Ujjain in Case No.1246/appeal/2016-17, whereby petitioner's appeal has been dismissed by upholding the order dated 20.07.2017 passed by the SDO, Mandsaur.

2. The brief facts of the case are that petitioner has preferred a civil suit against the respondent Nos.1 to 3 before the I Civil Judge, Class II, Mandsaur, which is registered as Civil Suit No.226/2016. Vide order dated 20.12.2016, the I Civil Judge, Class-II, Mandsaur has passed an order of temporary injunction against the respondents. Despite the stay order of civil Court, respondent No.2 has filed an application for mutation of his name in respect of land in question before the Tehsildar, Daloda, but same has been dismissed by order dated 20.04.2017. Thereafter, respondent No.1 preferred an appeal before the SDO, Mandsaur and the same has been allowed by setting aside the order passed by the Tehsildar. Then petitioner has preferred second appeal before the Additional Commissioner, Ujjain, but same has also been dismissed. Being aggrieved by the aforesaid, petitioner has preferred this petition.

3. Learned counsel for the petitioner contended that during the pendency of the civil suit and existence of stay order, the application for mutation has been rejected by the Tehsildar. The order passed by the Tehsildar is just and proper, but the appeal filed by the respondent No.1 has been allowed by SDO, Mandsaur and thereafter, the second appeal preferred by the present petitioner has been dismissed by the Additional Commissioner, Ujjain without having any jurisdiction. The order passed by the civil Court is binding upon the revenue Authorities, but same fact is not considered by the below revenue Authorities. Hence, he prays that order passed by the SDO, Mandsaur and Additional Commissioner, Ujjain be set aside.

4. Per contra, learned counsel for the respondent No.1 opposes the same and prays for its rejection.

5. Counsel for both the parties heard at length and perused the record.

6. It is a well settled law that revenue Court cannot decided the civil rights / titles of the parties and in case if there is a dispute or question of title arises out and civil suit is pending for declaration of title and permanent injunction, then the order passed by the Civil Court will be binding upon the revenue authorities. In the instant case, Tehsildar Daloda has duly considered the same fact and dismissed the petition filed by the respondent for mutation in view of the stay order passed by the civil Court, but the SDO, Mandsaur and Additional Commissioner, Ujjain have exceeded their jurisdiction and proceeded for mutation proceedings in respect of the same land in question,

7. In view of the aforesaid, the impugned order dated 20.07.2017 passed by the SDO, Mandsaur and the order dated 17.02.2021 passed by the Additional Commissioner, Ujjain being not sustainable are hereby set aside and the order passed by Tehsildar dated 20/04/2017 is hereby upheld.

8. With the aforesaid, the Misc. Petition stands disposed off.

Certified copy as per rules.