The Revenue Board has jurisdiction to determine land ownership and cannot recognize a Will's validity for mutations; such issues must be resolved in civil courts.

Judgment on Board

Per Ramesh Sinha, C.J .

23/07/2024

1. Since the aforesaid two writ appeals have been filed against the impugned order dated 13.04.2021 passed by the learned Single Judge in WPC No.3351 of 2020 , they were clubbed and heard together and are being disposed of by this common order.

2. Heard Mr.R.S.Marhas, learned Additional Advocate General for the appellants/State as well as Mr.H.B.Agrawal, learned Senior Advocate assisted by Ms.A. Sandhya Rao, learned counsel for respondent No.1, Mr.Prakash Mishra, learned counsel for respondents No.2 & 3, Mr.Raghvendra Pradhan, learned counsel for respondents No. 4 & 7 and Mr.Brajesh Kumar Mishra and Mr.Roop Naik, learned counsel for respondent No.9 on I.A.No.1/2024, which is an application for condonation of delay of 986 days in filing the instant writ appeal.

3. Considering the reasons assigned in the application, same is allowed and delay is condoned.

4. Writ Appeal Nos.178 of 2021 and 110 of 2024 have filed against the impugned order dated 13.04.2021 passed by the learned Single Judge in WPC No.3351 of 2020 , whereby the learned Single Judge has allowed the writ petition filed by the writ petitioners/respondents No.1 to 3 herein.

5. The facts leading to filing of the present writ appeals are that the Malgujar Rai Bahadur Dau Kalyan Singh held extensive lands amongst the lands situated at village Awarethi bearing total khasra No. 32 (agriculture land) admeasuring 10.831 hectares and total khasra No. 17 (diverted) admeasuring 7.426 hectares and at village Patpar total khasra No. 5 (agriculture land) admeasuring 1.769 hectares and total khasra No. 8 (diverted land) admeasuring 6.341 hectares, total khasra No. 62 admeasuring 26.367 hectares. He died on 13.02.1959. Late Dau Kalyan Singh survived by his two wives namely Smt. Janak Nandini and Smt. Sarjawati Bai who died in September 1964 and on 02.03.1977 respectively. After the death of late Dau Kalyan Singh, the aforesaid lands were recorded in the names of the aforesaid two widows of said Dau Kalyan Singh and both of them were issueless.

6. After the death of Malgujar Rai Bahadur Dau Kalyan Singh and his both wives namely Smt. Janak Nandini and Smt. Sarjawati Bai, a report was submitted by the Halka Patwari that the lands were in the name of Smt. Sarjawati Bai, Widow of Dau Kalyan Singh at village Patpar and Awarethi and said Smt. Sarjawati Bai died and at present, there is no legal representative of them and further the land revenue of the land was not paid since 1971-72. Based upon the said report, a Revenue Case No.01A-26/year 1982-83 was registered by the Tahsildar, Bhatapara under Section 177 of the Madhya Pradesh/Chhattisgarh Land Revenue Code , 1959 (hereinafter called as ‘Code’). One Ram Murty S/o Ratiram Agrawal made an objection and it was submitted that during the life time, deceased Smt. Sarjawati Bai had executed a Will on 08.06.1970 in his favour and in the said Will, it was stated by her that Ram Murty Agrawal will be legal heir of all her movable and immovable properties and therefore, the land of deceased Smt.Sarjawati Bai may not be forfeited/vested in the State Government. After hearing the parties, the Tahsildar, Bhatapara rejected the claim of the said Ram Murty Agrawal and passed an order dated 24.02.1984, whereby the land described hereinabove, were ordered to be vested in the State Government.

7. On 15.03.1984 said Ram Murty moved an application before the Tahsildar, Bhatapara with a prayer to maintain status-quo with regard to the land in question till the filing of the civil suit, upon which the Tahsildar passed an order dated 15.03.1984 as prayed for by said Ram Murty Agrawal. Thereafter, on 19.02.1985, a civil suit was filed by said Ram Murt