MAHARAJ SINGH Vs. BABULAL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 17/11/2017 passed in 22/appeal/16-17 by SDO (Revenue) Ishagarh, District Ashoknagar and order dated 05/11/2019 passed by Additional Commissioner, Gwalior by which the mutation of the names of the petitioners on land in dispute has been canceled and the order of Tahsildar dated 19/12/2011 passed in case No.19A6/11-12 has been set aside.

(2.) It is submitted by the counsel for the petitioners that land in dispute originally belongs to their Grandfather. After his death the mother of the respondents relinquished her right in favor of the father of the petitioners. Apart from that, Ramko the mother of the respondents, had also executed a "Will" in favor of the petitioners and accordingly, after her death the petitioners filed an application for mutation of their names and said application was allowed by Tahsildar Shadora, District Ashoknagar by order dated 19/12/2011.

(3.) It is submitted that in the mutation proceedings, respondents were heard and had also filed their affidavit and subsequently they did not participate in the proceedings before the Tahsildar and therefore, on the basis of the "Will" executed by Smt. Ramko the names of the petitioners were mutated in the revenue records.