Kusum Jain @ Kusuma Vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court (Gwalior Bench) 4 Mar 2024 Writ Petition No. 5565 Of 2024 (2024) 03 MP CK 0079
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition No. 5565 Of 2024

Hon'ble Bench

Anand Pathak, J

Advocates

Arvind Dudawat, Arjun Sharma, Vishal Tripathi

Final Decision

Disposed Of

Acts Referred
  • Constitution Of India, 1950 - Article 226
  • Madhya Pradesh Land Revenue Code, 1959 - Section 114, 115

Judgement Text

Translate:

Anand Pathak, J

1. The present petition preferrred by the petitioner under Article 226 of Constitution of India seeking for following reliefs :-

"i)Issuing a writ of certorari or any other suitable writ or direction or order for quashing the entire proceedings of the Case No.0304v6(v)@23&24 pending before respondent No.3 with further direction to respondent no. 2 to 6 not to delete the name of petitioner from the agricultural land in question in the revenue record.

(ii) Passing any other order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(iii) Costs of the petition may also be awarded to the petitioner."

2 . Grievance of petitioner as echoed in the petition is that petitioner is sister-in-law (Bhabhi) of respondent No.7 Om Prakash Jain. Dispute originates when her mother-in-law executed a registered Will in favour of petitioner vide Will dated 26.12.2008 by which she gave her immovable property to petitioner, who happens to be her daughter-in-law. After her death in 2015, petitioner moved an application for mutation and her name was recorded as land owner. However, after 8 years, respondent No.7 (brother-in-law of petitioner) has moved an application under Section 114 and 115 of MPLRC for correction of entries on the pretext of a power of attorney which is not being produced. He is staking claim over the said property through said power of attorney. Irony of the case is that petitioner apprehends that she may not be provided sufficient opportunity of hearing to canvass her case and to consider her arguments.

3 . Learned counsel for respondents/State opposed the prayer and submits that if documents are being filed by petitioner then same shall be taken into consideration along with her arguments by the competent revenue court in accordance with law.

4 . Considering the rival submissions and the nature of relief which is primarily seeking opportunity to canvass her case and to submit documents without adverting to merits of the case, this petition is disposed of with a direction to the petitioner to approach the concerned revenue authority/Tehsildar Bhind to submit all relevant papers which shall be considered by the Tehsildar while deciding the application of respondent no. 7 for correction of entries and thereafter pass a reasoned order under due intimation to all the parties concerned.

5. Needless to say that this Court has not expressed any opinion on the merits of the case and matter shall be heard on its own merits after affording adequate opportunity of hearing to all the parties concerned.

6. Petition is disposed of accordingly.

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