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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PURUSHAINDRA KUMAR KAURAV
WRIT PETITION No. 233 of 2022
Between:-
FIROZ KHAN, S/O SAHAB KHAN, AGED
ABOUT 50 YEARS, R/O KHAMRA ROAD,
CHAND, TAHSIL CHAND, DISTRICT
CHHINDWARA (M.P.) OCCUPATION: SELF
EMPLOYED.
.....PETITIONER
(BY SHRI JAIDEEP SIRPURKAR, ADVOCATE)
AND
1.
STATE OF MADHYA PRADESH, THROUGH
THE SERECTARY, REVENUE DEPARTMENT,
VALLABH BHAVAN, BHOPAL (M.P.)
2.
THE
ADDITIONAL
COMMISSIONER,
JABALPUR DIVISION, JABALPUR (M.P.)
3.
THE COMMISSIONER, JABALPUR DIVISION,
JABALPUR (M.P.)
4.
SUB DIVISIONAL OFFICER, CHOURAI,
DISTRICT CHHINDWARA (M.P.)
5.
IRSHAD KHAN, S/O LATE HABIB KHAN,
AGED ABOUT 25 YEARS,
6.
SHEHARIN KHAN, S/O LATE HABIB KHAN,
AGED ABOUT 32 YEARS,
7.
SMT. ZIBEENA, W/O LATE HABIB KHAN,
AGED ABOUT 52 YEARS,
5, 6 & 7 R/O BEHIND DOLSSON HOTEL,
KUKDAJAGAT, CHHINDWARA (M.P.)
8.
SMT. ZEENA W/O ABDUL KADIR, AGED
ABOUT 32 YEARS, R/O WARD NO.5, NEAR
MADINA MAZJID, JUNNARDEO, DISTRICT
CHHINDWARA (M.P.)
- 2 -
9.
SMT. FARHAT KHAN, W/O RASHID KHAN,
AGED ABOUT 30 YEARS, R/O NEAR TB
SANITARIUM, CHHINDWARA (M.P.)
10.
SMT. ISHRAT KHAN, W/O FARHATGUL
KHAN, AGED ABOUT 28 YEARS, R/O NEAR
AMBAR TALKIES, JUNNARDEO, DISTRICT
CHHINDWARA (M.P.)
11.
SMT AAFRIN KHAN, W/O NAVED KHAN,
AGED ABOUT 25 YEARS, R/O NEAR RAJ
TALKIES, CHHINDWARA (M.P.)
....RESPONDENTS
(SHRI ROHIT JAIN, GOVERNMENT ADVOCATE FOR
RESPONDENTS NO.1 TO 4 AND SHRI M.A. USMANI,
ADVOCATE FOR RESPONDENTS NO.5 TO 11)
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Reserved on
:
21.02.2022
Delivered on
:
04.03.2022
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ORDER
The petitioner has approached this Court against the order dated
14.12.2021 (Annexure-P-5) whereby, the appeal preferred by the
petitioner has been rejected affirming the order passed by the Sub-
Divisional Officer dated 31.05.2016 (Annexure-P-3).
2.
The land bearing Khasara No.482/29 and 484/2, Patwari Halka
No.30/65, Bandobast No.80, situated at revenue circle Chand, District
Chhindwara was owned and recorded in the name of one Safi Khan S/o
Daraz Khan. The private respondents are legal heirs of late Safi Khan.
According to the petitioner, on 12.12.2006, late Safi Khan sold part
land of aforesaid Khasaras and the remaining land was gifted to the
petitioner by executing a Hiba in presence of witnesses. The petitioner
- 3 -
has states that after execution of Hiba, the petitioner came in
possession of the said property and is residing therein with his family.
He further states that on the basis of Hiba, the name of the petitioner
came to be recorded in the Municipal record. On 15.06.2015 i.e. after
the death of Safi Khan, the names of private respondents came to be
recorded in the revenue record in place of Safi Khan notwithstanding
the fact that after execution of Hiba, the petitioner became owner of the
property. The petitioner challenged the Sanshodhan Panji by way of
filing an appeal before the Sub Divisional Officer, Chourai. The said
authority vide order dated 20.10.2015 (Annexure-P-2), held that the
mutation of private respondents was done without the legal process
and accordingly set aside the Sanshodhan Panji. However, SDO
continued with the proceedings to ascertain genuineness of the Hiba
executed in favour of the petitioner. The SDO thereafter, on
31.05.2016 (Annexure-P-3), dismissed the appeal and directed that the
name of private respondents be mutated. The said order dated
31.05.2016 was challenged by the petitioner before the Additional
Commission in an appeal which has also suffered dismissal vide order
dated 14.12.2021 and hence, the petitioner has preferred the instant
petition.
3.
Learned counsel appearing for the petitioner submits that once
the Sub Divisional Officer has held that the
