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2024 Supreme(Online)(MP) 28762
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR-IV
ON THE 24th OF JANUARY, 2024
MISC. PETITION No. 5967 of 2019
BETWEEN:-
1.
KALYAAN SINGH
2.
RAM SINGH
3.
MOHAN SINGH
4.
RANVEER SINGH
5.
RAKESH
6.
BAHADUR
SINGH
ALL
S/O
LATE
SHRI
HARBHAJAN SINGH, CASTE DANTI, ALL R/O
GRAM SONTHAR TEHSIL AND DISTRICT VIDISHA
(MADHYA PRADESH)
7.
SHRIBAI D/O LATE SHRI HARBHAJAN SINGH W/O
SHRI VEER SINGH, CASTE DANGI, R/O GRAM
BARI GHAT TEHSIL GYARASPUR, DISTRICT
VIDISHA (MADHYA PRADESH)
8.
SMT LEELABAI D/O LATE SHRI HARBHAJAN
SINGH W/O SHRI JASROOP SINGH, CASTE :
DANGI,
R/O GRAM
CHIRVATA
TAHSIL
GYARASPUR,
DISTRICT
VIDISHA
(MADHYA
PRADESH)
9.
SMT JAYNTIBAI D/O LATE SHRI HARBHAJAN
SINGH DANGI, W/O SHRI RANDHEER SINGH,
CASTE : DANGI, R/O GRAM SEMARA TEHSIL AND
DISTRICT RAISEN (MADHYA PRADESH)
10.
SMT MULLOBAI D/O LATE SHRI HARBHAJAN
SINGH DANGI, W/O SHRI DAYAL SINGH, CASTE :
DANGI,
R/O GRAM DHATURIYA TAHSIL AND
DISTRICT VIDISHA (MADHYA PRADESH)
.....PETITIONER
1
Signed by: ROHIT SHARMA
Signing time: 30-01-2024
10:36:08 AM
Signature Not Verified
(SHRI SANJAY KUMAR MISHRA - ADVOCATE)
AND
1.
GOPAL SINGH DIED THROUGH LRS
A. VEER SINGH
B. MADAN SINGH
C. RAMBABU
D. BHIM SINGH
ALL S/O LATE SHRI GOPAL SINGH R/O VILLAGE
DABAR
TEHSIL
AND
DISTRICT
VIDISHA
(MADHYA PRADESH)
E. SMT SHARDA BAI D/O LATE SHRI GOPAL
SINGH W/O SHRI BALRAM SINGH R/O VILLAGE
BITOLA
TEHSIL
GANJ
BASODA
DISTRICT
VIDISHA (MADHYA PRADESH)
F. SMT GUDDI BAI D/O LATE SHRI GOPAL SINGH
W/O
SHRI
KAMLESH
SINGH R/O
VILLAGE
MAHAGOR TEHSIL GANJ BASODA, DISTRICT
VIDISHA (MADHYA PRADESH)
2.
IMARAT SINGH S/O LATE SHRI KISHOR SINGH,
CASTE : DANGI, R/O VILLAGE DABAR TEHSIL
AND DISTRICT VIDISHA (MADHYA PRADESH)
3.
SMT SARJU BAI W/O LATE SHRI SODAN SINGH
4.
NARAYAN SINGH
5.
CHANDRARAJ SINGH, BOTH S/O LATE SHRI
SODAN
SINGH
DANGI,
ALL
R/O
VILLAGE
SONTHAR
TEHSIL
AND
DISTRICT
VIDISHA
(MADHYA PRADESH)
6.
SURENDRA SINGH
7.
ARVIND
8.
RAKESH ALL S/O LATE SHRI BALWANT SINGH
DANGI,
R/O VILLAGE SONTHAR TEHSIL AND
DISTRICT VIDISHA (MADHYA PRADESH)
9.
SAROJ BAI W/O LATE SHRI BALWANT SINGH
DANGI R/O VILLAGE SONTHAR TEHSIL AND
2
Signed by: ROHIT SHARMA
Signing time: 30-01-2024
10:36:08 AM
Signature Not Verified
DISTRICT VIDISHA (MADHYA PRADESH)
10.
BABULAL S/O LATE SHRI KASHIRAM DANGI R/O
VILLAGE
SONTHAR
TEHSIL AND
DISTRICT
VIDISHA (MADHYA PRADESH)
11.
PRAKASH SINGH
12.
BADRI SINGH
13.
RAJEDNRA SINGH,
ALL S/O LATE SHRI UDHAM SINGH, CASTE :
DANGI,
R/O VILLAGE SONTHAR TEHSIL AND
DISTRICT VIDISHA (MADHYA PRADESH)
14.
SMT LAXMI BAI W/O LATE SHRI UDHAM SINGH,
R / O VILLAGE
KAKARKHEDI
TEHSIL
AND
DISTRICT VIDISHA (MADHYA PRADESH)
15.
SMT RAJNI D/O LATE SHRI UDHAM SINGH W/O
SHRI BHUPAT SINGH, CASTE : DANGI, R/O
VILLAGE
MUNDARI
TEHSIL
GYARASPUR
DISTRICT VIDISHA (MADHYA PRADESH)
16.
SMT REKHA BAI D/O LATE SHRI UDHAM SINGH
W/O SHRI VEER SINGH, CASTE : DANGI, R/O
VILLAGE
NISADHHIKHEDA
TEHSIL
AND
DISTRICT RAISEN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI RAHUL YADAV - ADVOCATE FOR RESPONDENT NO.1 TO 6.
This petition coming on for hearing this day, the court passed the
following:
Sanjay Kumar Mishra,
ORDER
By this petition under Article 227 of constitution of India, challenge is made to the order dated 30.12.2017 passed by Additional Commissioner, Bhopal Division, Bhopal in case NO.260/Appeal/2010-11 and order dated 14.12.2010 passed by SDO, Vidisha in case No. 03/Appeal/2006-07. Heard learned counsel for petitioners and learned counsel for respondents.
It has been submitted by learned counsel for the petitioners that property was recorded in the name of one Lalto Bai who sold the property in favour of Harbhajan Singh and Maharaj Singh by registered sale deed but mutation on the basis of sale deed could not be made. After death of Lalto Bai, her both sons Gopal and Imrat got recorded on the basis of inheritence. By the order of Tahsildar, later on, mutation order was passed in Namantaran Panji on the basis of sale deed which was challenged.
Learned counsel for the respondents supports the impugned orders.
Since the right of parties is to be adjudicated, therefore, the petition is disposed of directing the Tehsildar to decide the case afresh after providing opportunity of hearing to both parties, without being prejudiced with the observation made in the impugned orders. Both parties shall have a right to raise their respective pleas before the Tehsildar and Tehsildar shall pass a reasoned order in accordance with law. Impugned orders shall have no effect. (RAJENDRA KUMAR-IV) JUDGE Rohit
