Every FILE Has LIFE: Madhya Pradesh High Court Says Tahsildar Can't Decide Question Of Will In Mutation Proceeding, Criticizes "Undue Haste"
Live Law‘Every FILE has a LIFE,’ the Madhya Pradesh High Court reminded a Tahsildar who proceeded to decide the question of Will in a mutation proceeding, in undue haste and without authority of law. Judgment Relying on the above judgments, Justice Pathak, in his order, initially noted, “Therefore, Naib Tahsildar does not have any authority to decide the question of Will in a mutation proceeding. Therefore, on this count alone, the impugned order dated 18.12.2019 deserves to be set aside.” “On close scrutiny, it appears that the manner in which Naib Tahsildar proceeded appears to be a case of undue haste and malafide.” It was noted by Justice Pathak that it was the duty of the Sub-Divisional Officer and the Collector/Additional Collector to look into such illegality and arbitrariness meted out by the Naib Tahsildar in conducting the proceedings. Setting aside the orders of the Naib Tahsildar, the Sub-Divisional Officer, and the Additional Collector, Justice Pathak held that the "mutation proceedings held in favour of respondent no.1 also pale into oblivion and is hereby set aside.
History of this topic
Undisputed Will Executed Under Law Can Be Relied Upon To Mutate Names Of Persons For Municipal Records: Madhya Pradesh High Court
Live LawDiscover Related