IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA ON THE 9^th OF MAY, 2022 MISC. PETITION No. 3581 of 2021 Between:-

JANMABAI W/O LATE SHANKARLAL THR. LRS. KALABAI , AGED ABOUT 74 YEARS, OCCUPATION: AGRICULTURE AMBA MATA

1. CHOWK VILL-SIMROL TEH. AMBEDKAR ANGAR MHOW (MADHYA PRADESH)

JANMABAI W/O LATE SHANKARLAL THR. LRS. MAHESH S/O LATE SHANKARLAL , AGED ABOUT 50 YEARS, OCCUPATION:

2. AGRICULTURE AMBA MATA CHOWK, VILL. SIMROL, TAH AMBEDKAR NAGAR MHOW (MADHYA PRADESH)

SURESH S/O LATE SHANKARLAL , AGED ABOUT 47 YEARS, OCCUPATION: AGRICULTURE AMBA MATA CHOWK, VILL. SIMROL, 3.

TAH AMBEDKAR NAGAR MHOW (MADHYA PRADESH)

BANSHILAL S/O LATE SHANKARLAL , AGED ABOUT 44 YEARS, OCCUPATION: AGRICULTURE AMBA MATA CHOWK VILL-SIMROL

4.

TEH. AMBEDKAR ANGAR MHOW (MADHYA PRADESH)

SATISH S/O LATE SHANKARLAL , AGED ABOUT 40 YEARS, OCCUPATION: AGRICULTURE AMBA MATA CHOWK VILL-SIMROL

5.

TEH. AMBEDKAR ANGAR MHOW (MADHYA PRADESH)

.....PETITIONER (BY SHRI B.I. MEHTA, ADVOCATE)

AND SMT. BHURIBAI W/O DAYARAM OCCUPATION: HOUSEHOLD 283, LAL

1.

GHATI VILL-DATODA TEH AMBEDKAR NAGAR (MADHYA PRADESH)

STATE OF M.P. THR CHIEF SECRETARY REVENUE VALLABH

2. BHAWAN BHOPAL (MADHYA PRADESH)

3. ADDL. COLLECTOR INDORE (MADHYA PRADESH)

SUB DIVISIONAL OFFICER (REVENE) TEH AMBEDKAR NAGAR

4. MHOW (MADHYA PRADESH)

UPPER TEHSILDAR TAPPA SIMROL TEH AMBEDKAR NAGAR MHOW

5. (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI AKASHDEEP SHUKLA, ADVOCATE )

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

ORDER

With consent of both the parties, the matter is heard finally.

The petitioners have filed this petition under Article 227 of Constitution of India being aggrieved by the impugned order dated 28/09/2021 passed by the Additional Collector, Indore in revision case no 02/Revision/2021-2022, whereby the order dated 01/03/2021 passed by the Tahsildar, Simbrol has been set-aside and the Tahsildar was directed to comply with the order dated 23/10/2020 passed by the Sub-Divisional Officer (revenue), Ambedkar Nagar, Mahow.

2. Brief facts of the case are that the petitioners, who are legal representatives of Late Shankarlal, had filed an application under section 109 and110 of Madhya Pradesh Land Revenue Code ( in short " MPLRC") for mutating their names in place of Late Shankarlal. After hearing both the parties, the Tahsildar, Simrol allowed the application vide order dated 03/07/2019, but on the basis of the Patwari report, the same was set-aside vide order dated 04/02/2020 by the Additional Tahsildar, Simrol. then, respondent no 1 preferred an appeal before the Sub-Divisional Officer (revenue), Ambedkar Nagar, Mahow, which was allowed by order dated 23/10/2020 and the matter was remanded back by holding enquiry in respect of the legal representatives of deceased shankarlal and also ordered for mutating the name of respondent no 1 along with his sister Mainabai. Thereafter, the petitioner preferred second appeal before the Additional Commissioner, Indore, which is still pending. In the meanwhile, respondent no 1 filed execution proceedings and after hearing both the parties, allowed the application vide order dated 01/03/2021. The respondent no 1 preferred a revision, the same was decided vide impugned impugned order dated 29/09/2021 passed by the Additional Collector, Indore, hence the petitioners have filed this petition.

3. Per-contra, the learned counsel for the respondents opposed the prayer made by the petitoner and prayed for its rejection by supporting the impugned order passed by the Court below.

4. Both the parties were heard at length and perused the document filed by the parties.

5. From perusal of the documents filed by the petitioners, it appears that the petitioners have filed second appeal before the Additional Commissioner, Indore, against the impugned order dated 23/10/2020 passed by the Sub-Divisional Officer (revenue), Ambedkar Nagar Mhow. That appeal is still pending, therefore during the pendancy of second appeal, aforesaid parallel proce