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

nd

ON THE 22 OF SEPTEMBER, 2025 WRIT PETITION No. 37129 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 for the caveator.

ORDER Assailing the order dated 22.01.2025 passed by the respondent No.4 and the order dated 11.07.2025 passed by the respondent No.3, the present petition has been filed seeking the following reliefs :-

"A. It is, therefore, prayed that this Hon'ble Court may kindly be pleased to issue writ in the nature of certiorari quashing the impugned orders dated 22.01.2025 (Annexure P/8) passed by respondent No.4 and order dated 11.07.2025 (Annexure P/10) passed by respondent No.3 in the interest of justice.

B. It is, therefore, prayed that to grant any other relief as deemed fit and proper in the circumstances of the case, along with the cost of this writ petition be also awarded."

2. It is the case of the petitioner that he and the respondent 05 to 10 are brothers and sisters. A partition between them had taken place as per as their family settlement long back. The mother of the petitioner who was staying with the petitioner executed Will dated 09.06.2015 in favour of petitioner. On the basis of Will, an application for mutation of his name in the revenue records was filed by the petitioner before the Tahsildar Nowgaon, District Chhatarpur. The Tahsildar has rejected the application and directed for recording of names of all legal heirs vide order dated 20.10.2017. Being aggrieved by the aforesaid order, the petitioner preferred an appeal before S.D.O. Nowgaon, District Chhatarpur who has allowed the mutation application vide order dated 18/10/2019 filed by the petitioner holding that the mutation can be done on the basis of unregistered Will. Thereafter, the respondent Nos. 5 & 6 preferred a second appeal before the Additional Commissioner Sagar, District Sagar (M.P) against the order dated 18.10.2019 and the Additional Commissioner dismissed the appeal filed by the respondent Nos.5 & 6 vide order dated 05.03.2024. The respondent Nos. 5 & 6 being aggrieved by the aforesaid, preferred a Miscellaneous Petition before this Court being M.P.No.1934 of 2024 and this Court vide order dated 10.04.2024 had observed that the order of Tehsildar cannot be upheld in the eyes of law and the order passed by the S.D.O. and Commissioner Sagar are just and proper and directed the parties to maintain status-quo with respect to suit property for a period of 45 day and liberty was extended that aggrieved party may file Civil Suit within aforesaid period. Thereafter, the respondent Nos.5 & 6 sought mutation on basis of order dated 10.04.2024 by filing an application which was allowed by the Tehsildar vide order dated 22.01.2025. Aggrieved by the same, the petitioner preferred an appeal before Sub Divisional Officer which was dismissed vide order dated 11.07.2025. Hence, this writ petition.

3. It is argued that the mother of the petitioner out of love and affection executed a Will in favour of the petitioner. She had already partitioned the property between other sons. Therefore, they are having no right to claim property in question. The Sub Divisional Officer has rightly vide order 18.10.2019 has allowed the application filed by the petitioner holding that mutation can be done on the basis of the Will. Therefore, the impugned orders are bad in the eyes of law. He prayed for quashment of the same.

4. Per contra, learned counsel appearing for the respondents/caveators has vehemently opposed the contentions and supported the impugned order. It is argued that against the order dated 22.01.2025, the petitioner filed an application under Section 44 of the Madhya Pradesh Land Revenue Code, 1959 which was dismissed vide order dated 11.07.2025 on the ground of maintainabili