IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK JAIN

th

ON THE 12 OF JANUARY, 2026 MISC. PETITION No. 1316 of 2018

HIRAMNAI SHARMA (DEAD) THROUGH LRS SMT PREMA UPADHYAY

AND OTHERS

Versus

SHUBHENDA MISHRA

Appearance:

None for the Parties.

ORDER "75. In view of the aforesaid discussion, we answer the question referred to us in the negative and hold that Tehsildar cannot reject the application for mutation at threshold on the ground that it is based upon will. However, in view of detailed discussion made by us above, it would be appropriate to summarize our conclusions serially as under:-

The present Petition has been filed in the matter of mutation. The

Respondent has a will in his favour on the basis of which he had applied for

mutation before the Revenue authority.

2. The matter ultimately landed before the Board of Revenue and the Board

of Revenue held that the original authority i.e, Tahsildar should carry out fresh scrutiny of the matter and after enquiring into validity of will, should pass a fresh Order. The Tahsildar was also directed to take into account the Order dated 09.02.2016 passed in Civil Suit No.418 A-2011 by First Civil Judge, Class II Sirmour, Dis