Partition of land must be in accordance with the provisions of Section 178 of Land Revenue Code.

ORDER

These petitions are filed being aggrieved of order dated 16.12.2019 passed by the Addl. Commissioner, Bhopal Division Bhopal being aggrieved of the Case No. 206/Appeal/2014-15 passed on 14.06.2017 by the Sub-Divisional Officer, Bilkisganj, Sehore, thereby the Sub-Divisional Officer had rejected the appeal against the orders of the Tehsildar.

Matter in short is that some lands measuring 2.573 Hect. at Village - Bilkishganj were subject matter of partition between the petitioners and respondents. That partition was put to challenge before the Sub-Divisional Officer and thereafter, in appeal, petitioners approached the Addl.

Commissioner.

The Sub-Divisional Officer had declared the partition to be illegal and that has been affirmed by the Addl. Commissioner, Bhopal, Division Bhopal. In the impugned order, it is mentioned that firstly the Batwara Panji does not contain the signatures of all the co-sharers. It is also mentioned that neither any declaration was sought for published before the partition nor consent of all the co-sharers is available on record and it is specifically noted that signatures of appellant No. 4 & 5 Sanju and Manju had put their signatures but other co-sharers had not put their signatures on Batwara Panji and therefore, partition being contrary to the provisions contained in Section 178 of Land Revenue Code has been set-aside.

There is no illegality in the said order, calling for interference in the supervisory jurisdiction of this Court.

Matter has been remanded to the Tehsildar, parties are free to appear before the Tehsildar and obtain proper orders of partition in accordance with law.

In above terms, these petitions are disposed of.