IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA th ON THE 19 OF MARCH, 2024 WRIT PETITION No. 5240 of 2024 BETWEEN:-

1. KUSUM GUPTA W/O LATE SHRI RAMANAND GUPTA, AGED ABOUT 62 YEARS, R/O MAIN ROAD, CHOTI BAZAR CHHINDWARA TEHSIL AND DISTRICT CHHINDWARA (MADHYA PRADESH)

2. SMT RENU W/O SHRI VIJAY HALWAI R/O 1235 YASHWANT CHOWK KHATEEK GALI COMPOUND AHM ED N AGAR DISTRICT AHMEDNAGAR (MAHARASHTRA) .....PETITIONERS (BY SHRI JAIDEEP SIRPURKAR - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH THE SECRETARY, REVENUE DEPARTMENT, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. ADDITIONAL COMMISSIONER, JABALPUR DIVISION JABALPUR (MADHYA PRADESH)

3. SUB DIVISIONAL OFFICER (REVENUE)

CHHINDWARA (MADHYA PRADESH)

4. THE TEHSILDAR CHHINDWARA (MADHYA PRADESH)

5. HARINARAYAN GUPTA S/O LATE SHRI RAMANAND GUPTA, AGED ABOUT 50 YEARS, R/O MAIN ROAD CHOTI BAZAR CHHINDWARA TEHSIL AND DISTRICT CHHINDWARA (MADHYA PRADESH)

6. SMT. KIRAN KHANDELWAL W/O LATE SHRI DINESH KHANDELWAL, AGED ABOUT 65 YEARS, R/O PARASIA ROAD CHHINDWARA TEHSIL AND Signature Not Verified Signed by: SHUBHANKAR DISTRICT CHHINDWARA (MADHYA PRADESH)

.....RESPONDENTS (RESPONDENTS NO.1 TO 4/STATE BY SMT. SWATI ASEEM GEORGE - DEPUTY GOVERNMENT ADVOCATE AND RESPONDENTS NO.5 & 6 BY SHRI RAVISH AGRAWAL - SENIOR ADVOCATE WITH SMT. SANJANA SAHNI - ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

This petition under Article 226 of Constitution of India has been filed against order dated 20/02/2024 passed by Additional Commissioner, Jabalpur Division Jabalpur in case No.507/A-6/2012-13, by which name of respondent No.6 has been mutated on the basis of sale-deed executed by respondent No.5 who got the property by virtue of adoption.

2. It is fairly conceded by counsel for the parties that respondents No.5 & 6 have filed a Civil Suit for declaration of their title which is pending and accordingly, a joint statement was made by counsel for the parties that the revenue record which was in existence prior to filing of application for mutation may be restored and the said mutation entry may be directed to be subject to final outcome of civil litigation.

3. Since multiple complicated questions of title are involved, therefore the submissions made by counsel for petitioners as well as counsel for respondents No.5 & 6 appears to be justified under the facts and circumstances of the case. 4. Accordingly, order dated 20/02/2024 passed by Additional Commissioner, Jabalpur Division Jabalpur in case No.507/A-6/2012-13 and all the orders passed by different Authorities on the question of mutation are hereby set aside. The revenue record which was in existence prior to filing of mutation application is hereby restored.

Signature Not Verified Signed by: SHUBHANKAR

5. It is made clear that mutation entry shall be subject to final outcome of civil litigation and till then, none of the parties shall create any third party right interest.

6. With aforesaid observation, petition is finally disposed of (G.S. AHLUWALIA)

JUDGE S.M.

Signature Not Verified Signed by: SHUBHANKAR