Mutation proceedings cannot be delayed pending the outcome of a civil suit regarding the validity of the sale deed, which remains valid until declared otherwise by a court.

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

3. The instant writ petition was initially filed as miscellaneous petition bearing No.2401/2024. However, the same was permitted to be converted into the a writ petition under Article 226 of the Constitution of India vide order dated 07.02.2025.

4. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner challenging the order dated 29.01.2024 (Annexure-P/1) passed by the Additional Commissioner, Chambal Division, Morena, in Case No.397/2015-16/Appeal, and the order dated 17.08.2016 (Annexure-P/2) passed by the Sub-Divisional Officer, Ambah, District Morena (M.P.), in Case No.70/2015-16/Appeal, whereby the appeal Signature Not Verified Signed by: ADNAN HUSAIN preferred by the petitioner against the order dated 17.08.2016 passed by the Sub-Divisional Officer, Ambah was rejected.

5. Brief facts leading to the filing of the instant writ petition are as under:

5.1 The petitioner purchased lands forming part of lands bearing Khasra Nos.433 (area 0.35), 434 (area 0.89), 469 (area 0.55), and 473 (area 0.81), situated at Village Thara, Ambah, District Morena (M.P.), from the erstwhile owner Dhaniram by way of a registered registered sale deed dated

02.01.2015.

5.2 Subsequently, an application under Section 109 /110 of the M.P. Land Revenue Code , 1959, was filed by the respondents before the Tehsildar, Ambah, District Morena, seeking mutation of their names in respect of the entire landholding. The said application was rejected by the Tehsildar vide order dated 10.06.2015, on the ground that the respondents had disputed the execution of the sale deed dated 02.01.2015 and had alleged forgery in the signatures, the adjudication whereof not being within the domain of the revenue authorities.

5.3 Aggrieved by the said order, the respondents filed an appeal before the Sub-Divisional Officer, Ambah, District Morena, which was partly allowed vide order 29.02.2016 and the mutation was permitted in respect of the land not forming part of subject matter of sale deed, and the respondents herein were advised to seek appropriate remedies against the said sale deed before the competent civil court.

5.4 Thereafter, mutation application in respect of land bearing Khasra Signature Not Verified Signed by: ADNAN HUSAIN Nos.433 (area 0.35), 434 (area 0.89), 469 (area 0.55), and 473 (area 0.81), situated at Village Thara, Ambah, District Morena (M.P.), which was purchased by the petitioner vide registered sale deed dated 02.01.2015 was filed by him before the Tehsildar, which came to be allowed vide order dated 30.01.2016. This order was challenged by the respondents herein before the Sub-Divisional Officer, Ambah, in an appeal which was allowed vide order dated 17.08.2016, directing the petitioner to get the validity of the sale deed adjudicated from the competent Court of law.

5.5 Aggrieved by the said order, the petitioner preferred an appeal before the Additional Commissioner, Chambal Division, Morena, which was rejected vide order dated 29.01.2024. These two orders are under challenge in the present writ petition.

6. Learned counsel appearing for the petitioner submits that the petitioner was seeking mutation on the strength of the registered sale deed dated 02.01.2015. He contends that the revenue authorities were bound to mutate the land in favour of the petitioner on the basis of the said sale deed. If the respondents had any grievance against the said deed, the remedy available to them was before the competent civil court. Unless and until, the sale deed is set aside by the court of competent jurisdiction, mutation cannot be withheld. In support of his contentions, learned counsel for the petitioner relies upon the decision of the Co-ordinate Bench of this Court in Manish Sharma Vs. Sarvapriya Enterprises , in W.P. No.2418/2015, decided on 05.08.201