IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA

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ON THE 23 OF SEPTEMBER, 2025 WRIT PETITION No. 37189 of 2025 ASHOK KUMAR AHIRWAR Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Sourabh Singh Thakur - Advocate for the petitioner.

Shri Alok Agnihotri - Government Advocate for the respondents/ State.

Shri Saket Agrawal - Advocate on caveat.

ORDER The present petition is filed assailing the order dated 22.1.2025 (Annexure-P/8) passed by the respondent no. 4 Tehsildar, Nowgaon, Tehsil Nowgaon, whereby the application filed by the petitioner for mutation of his name in the revenue records on the basis of a Will has been rejected and also the order dated 11.7.2025 (Annexure-P/10) passed by the respondent no. 3 Sub Divisional Officer, Nowgaon, District Chhatarpur, whereby the appeal preferred by the petitioner has also been rejected on the ground that the will is not proved in any Court of law and imposed the restriction on transfer of the property.

2. Briefly stated facts of the case are that the petitioner and the respondent no. 05 to 10 are the brother and sisters. The partition between the petitioner and respondent no. 05 to 10 had taken place as per as their family settlement long back. The father of the petitioner namely Baijnath was the exclusive owner of Khasra No.1257/1, area 1.778 hectare and Khasra No. 1676/1/1 area 0.200 hectare situated in village Nowgaon Tehsil Nowgaon District Chhatarpur (M.P.). The name of the petitioner's father is recorded in revenue record which is clear from the perusal of revenue record of aforesaid Khasra. The father of the petitioner was living with his family and out of love and affection, he executed a will dated 09.06.2015 in favour of petitioner and it is stated that he had conducted partition between four son and had given the agriculture land to them as per their respective share. The Baijnath Ahirwar who is the father of the petitioner further stated in the will that petitioner takes care of him and undertakes the entire responsibility of him, due to which, he execute a will of Khasra No. 1257/1 and 16/1/1 in favour of the petitioner. Thereafter, on the basis of the will, the petitioner filed an application for mutation of his name in respect of Khasra No. 1257/1, area 1.778 hectare and Khasra No. 1676/1/1 area 0.200 hectare situated in village Nowgaon, Tehsil Nawgaon, District Chhatarpur (M.P.) before the Tahsildar, Nowgaon. On notice being issued, the respondents no. 5 to 10 appeared before the Tahsildar and given their consent for recording of name of the petitioner with respect to the aforesaid khasra but the application has been rejected by the Tahsildar on the ground that the will is unregistered and it seems to be suspicion. Being crestfallen, the petitioner preferred an appeal before the Sub Divisional Officer, Nowgaon, District Chhatarpur and after hearing both the parties has allowed the mutation of the petitioner in the revenue record holding that the mutation can be done on the basis of unregistered will vide its order dated 18.10.2019.

3. Against the order dated 18.10.2019 passed by the SDO, the respondents no. 5 and 6 filed a Second appeal before the Commissioner, Sagar Division, Sagar and learned Commissioner after hearing both the parties and appreciating the documents and material available on record dismissed the appeal filed by the respondents no. 5 and 6 vide its order dated 5.3.2024. Thereafter, the respondents no. 5 and 6 filed a Misc. Petition being MP No.1932/2024 before the High Court. The Misc. petition was disposed off vide order dated 10.4.2024 in which it was observed that the order of Tahsildar cannot be upheld in the eyes of land the orders passed by the SDO and the Additional Commissioner, Sagar are just and proper and the parties were directed to maintain the status quo in regard to the suit property for a period of 45 days and in the meanwhile, the concerned party may file the suit and can seek injuncti