ORDER

Signature Not Verified The petitioners have filed the present Misc. Petition being aggrieved by order dated 20.12.2023 passed by Additional Collector whereby order of Sub Divisional Officer, Mandsaur dated 26.05.2023 has been set aside and remitted the matter back for adjudication on merit.

2. The Nandram was owner of land bearing survey No.891 area 4.699 and survey No.1591 area 0-120. Kahcarmal and and Ramkanya are the son and daughter of the Nandram. According to the Kacharmal, after the death of Nandram, his name was recorded in the revenue record. Poonamchand filed an application seeking mutation of his name on the basis of will executed by Nandram. In the said application, Kacharmal and Ramkanya son and daughter of the Nandram were not impleaded as non applicant. Vide order dated 19.06.2007, the Tehsildar passed an order for mutation of the name of Poonamchand as owner of survey No.1591 area 0-120 hectare. After the death of Poonamchand, the petitioners being sons and daughter filed an application before the Tehsildar for mutation of their name. The respondent Kacharmal came to know about the said proceedings and immediately filed an objection on 18.08.2022 with the pleading that he has no knowledge about the mutation of name of Poonamchand. Vide order dated 12.10.2022, the Tehsildar rejected the objection raised by respondent /Kacharmal.

3. The Kacharmal filed Revision before the Additional Collector which came to be dismissed vide order dated 10.01.2023. Thereafter Kacharmal filed an Appeal under Section 44 (1) of MPLRC challenging the order dated 19.06.2007 passed by the Tehsildar with an application filed under Section 5 of Limitation Act in which he pleaded that he came know about this order on 06.10.2022 when he examined online Khasra B-1. The application was opposed by the present petitioner. Vide order dated 26.05.2023, the Sub Divisional Signature Not Verified Officer dismissed the application and declined to condone the delay 15 years. Being aggrieved by the aforesaid order, the Kacharmal filed an Appeal before the Additional Collector. Vide order dated 20.12.2023, the Additional Collector has set aside the order of Sub Divisional Officer and condoned the delay of 15 years by directing the Sub Divisional Officer to decide the Appeal on merit.

Hence, present Misc. Petition before this Court.

4. Learned counsel for the petitioners submits that the Kacharmal took two stand about the date of knowledge of order dated 19.06.2007. Kacharmal raised an objection on 18.08.2022 therefore on the said date, he came to know about the order dated 19.06.2007 but in application under Section 5 of Limitation Act, he wrongly pleaded that he came to know about the order dated 19.06.2007 on 06.10.2022. The Sub Divisional Officer has rightly dismissed the application for condonation of delay as the delay has not been properly explained. The Collector has failed to examine the delay of 15 years.

5. It is not dispute that the Kacharmal is a biological son of Nandram.

The Poonamchand filed an application for mutation without impleading him as non applicant, therefore the order has been obtained behind the back of Kacharamal. After the death of Poonamchand when these petitioners being legal heirs filed an application under Section 109 and 110 of MPLRC. Immediately, the Kacharmal raised an objection and simultaneously filed an Appeal against the order of mutation dated 19.06.2007. According to the Kacharmal, the land Nandram was not keeping good health. He was handicapped since last 12 years from his death. He is not able to understand, therefore the will is doubtful, thus the Additional Collector has rightly examined the entire facts and condoned the delay of 15 years. The Kacharmal was necessary party in the mutation Signature Not Verified proceedings. Even these petitioners being son and daughter of Poonamchand did not implead Kacharmal as respondent in application under Section 109 and 110 of MPLRC.The Poonamchand was brother of Nandr