Madhya Pradesh High Court
Jaikumar vs Virendra Prasad on 12 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:1297
1 WP-15342-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE AMIT SETH
ON THE 12th OF JANUARY, 2026
WRIT PETITION No. 15342 of 2025
JAIKUMAR AND OTHERS
Versus
VIRENDRA PRASAD AND OTHERS
Appearance:
Shri Rajendra Jain - Advocate for the petitioners.
Shri Gaurav Mishra, learned counsel for the respondents.
ORDER
1. With the consent of learned counsel for the rival parties, matter is heard finally.
2. The instant writ petition was earlier filed as M.P. No. 2043/2019 and vide order dated 20/03/2025, it was permitted to be converted as writ petition which has been registered as W.P. No. 15342/2025.
3. This writ petition under Article 226 of Constitution of India has been filed by the petitioners challenging the order dated 18/02/2019 passed by Additional Commissioner, Gwalior Division, Gwalior, whereby, second appeal preferred by the respondents challenging the order dated 11/04/2017 passed by the Sub Divisional Officer, Dabra, District Gwalior in case No. 120/2010-11/appeal has been allowed and the partition order dated 16/11/2010 passed by the Naib Tehsildar, Tehsil Dabra, District Gwalior has been set aside.
Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 1/14/2026 6:47:24 PMNEUTRAL CITATION NO. 2026:MPHC-GWL:1297 2 WP-15342-2025
4. Brief facts leading to filing of this case are that in respect of land bearing survey No. 279 total kita 13, total rakba 10.56 hectares & survey No. 284 total kita 03, total rakba 3.89 hectares situated at village Dhamnika, Tehsil Dabra, District Gwalior, an application seeking partition under section 178 of MPLRC, 1959 came to be filed by the petitioners. The said application filed by the petitioners came to be allowed by the Tehsildar vide order dated 16/11/2010 and the land was partitioned in terms of Fard Batwara signed by the parties concerned. The respondents challenged the aforesaid order dated 16/11/2010 passed by the Tehsildar in first appeal under section 44 (1) of MPLRC, 1959 before the Sub Divisional Officer, Dabra, District Gwalior which came to be dismissed vide order dated 11/04/2017. Thereafter, respondents moved a second appeal under section 44 (2) of MPLRC, 1959 before the Additional Commissioner, Gwalior Division, Gwalior, which stands allowed vide order dated 18/02/2019, which is impugned in the present petition.
5. Learned counsel for the petitioners submits that partition proceedings were conducted by the Tehsildar in accordance with law after affording due opportunity of hearing to the respondents herein. Their statements were recorded, Fard Batwara was prepared and thereafter on the basis of signatures of the parties on Fard Batwara, order dated 16/11/2010 was passed. Thereafter, first appeal was prepared by the respondents against the order dated 16/11/2010 on the ground that by putting forged signatures on the Fard Batwara and Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 1/14/2026 6:47:24 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:1297 3 WP-15342-2025 without issuing notices to the respondents order passed by the Tehsildar dated 16/11/2010 is void and illegal. Learned counsel for the petitioners submits that the Sub Divisional Officer after perusal of the proceedings conducted by the Tehsildar recorded the findings that the respondents herein were duly served, they signed Fard Batwara and their statements were recorded. No evidence could be produced by the respondents that service of notice was forged or their signatures on the Fard Batwara was not genuine. Accordingly, the Sub Divisional Officer, Tehsil Dabra, District Gwalior declined interference in the order dated 16/11/2010 passed by the Tehsildar. The second appeal under section 44 (2) of MPLRC, 1959 preferred by the respondents ought not to have been allowed by the second appellate authority vide order dated 18/02/2019 impugned in the present writ petition. Learned counsel for the petitioners further submits that on the same set of evidence and material conflicted findings have been recorded by the second appellate authority. He further submits that notice issued by the Tehsildar were duly served on Awadhesh / respondent No. 2 and Veerendra and the said notice is on record as Annexure P/8 indicating signature of Awadhesh and Veerendra and accordingly second appellate authority has erred in entertaining the second appeal and therefore, the instant writ petition deserves to be allowed.
6. On the other hand, learned counsel for the respondents submits that once proceedings itself was initiated by the Tehsildar on 02/10/2010 being a Government holday, this itself indicates that forged Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 1/14/2026 6:47:24 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:1297 4 WP-15342-2025 proceedings have been conducted by the Tehsildar. He further submits that it was the respondents' specific case before the first and second appellate authorities that their signatures on the Fard Batwara are forged, on which, no findings have been recorded by the first appellate authority while rejecting the first appeal preferred by them, accordingly, second appellate authority has rightly interfered into the matter while allowing the second appeal, therefore, the instant writ petition filed by the petitioners deserves to be dismissed.
7. No other point has been pressed by learned counsel for the parties.
8. Heard learned counsel for the rival parties and perused the material available on record.
9. The perusal of the proceedings drawn by the Tehsildar as placed on record vide Annexure P/3 indicates that after registration of the proceedings, notices were issued to the respondents herein. The copy of the notices issued to the respondents and their signatures thereon evincing service of notice is also placed on record as Annexures P/7 & P/8.
10. The statements of the respondent No. 2- Awadhesh and Ramkumar were recorded by the Tehsildar on 12/10/2010. The said statement of Awadhesh is also available on record. The order sheet dated 12/10/2010 drawn by the Tehsildar also reflected the signatures of the respondents. The Fard Batwara Annexure P/4 also indicates signatures of the parties concerned including the respondents. In his Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 1/14/2026 6:47:24 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:1297 5 WP-15342-2025 statement, the respondent No. 2 Awadhesh accepted the proposed partition and thereafter partition order dated 16/11/2010 has been passed by the Tehsildar which also record the consent of the parties.
11. The first appellate authority while considering the first appeal preferred by the respondents, on perusal of the record of the proceedings drawn by the Tehsildar recorded specific findings of the fact that in the proceedings before the Tehsildar, the respondents were duly served, their statements were recorded and they have also signed Fard Batwara and the order of partition passed by the Tehsildar on the basis of consent of the parties.
12. The first appellate authority dismissed the appeal preferred by the respondents on the ground that except for stating that there is forged service of notice on them in the proceedings before the Tehsildar and their signatures in the said proceedings are also forged, no effective evidence could be produced by the respondents on the basis whereof, the said contentions could be accepted. Accordingly, the first appellate authority dismissed the appeal vide order dated 11/04/2017.
13. Though, the petition is pending since the year 2019, no reply/document has been filed by the respondents to controvert or dispute the pleadings in the petition / documents filed along with petition. The second appellate authority i.e. Additional Commissioner, Gwalior Division, Gwalior by reversing the findings of fact as recorded by the Sub Divisional Officer has concluded that no notice was served on the respondents in the proceedings before the Tehsildar. Even if, the Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 1/14/2026 6:47:24 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:1297 6 WP-15342-2025 proceedings contained signatures of the respondents, in the absence of notice to the respondents, the same are of no consequences.
14. There is nothing available on record on the basis whereof, it could be gathered that the Additional Commissioner, Gwalior Division, Gwalior was justified in reversing the findings of the fact recorded by the first appellate authority. The order of partition dated 16/11/2010 passed by the Tehsildar also reflected that due publication of Fard Batwara was also made and no objection was received.
15. This Court is therefore of the considered opinion that in the given facts and circumstances of the case, the Additional Commissioner, Gwalior Division, Gwalior was not justified in interfering into the findings of the fact as recorded by the first appellate authority while exercising second appellate jurisdiction.
16. In view whereof, the impugned order dated 18/02/2019 passed by the Additional Commissioner, Gwalior Division, Gwalior in second appeal No. 437/2016-17/appeal is hereby quashed. The writ petition filed by the petitioners is hereby allowed.
17. At this stage, learned counsel for the respondents submits that they have filed a criminal complaint against the petitioners on the ground that petitioners have put in their forged signatures in the proceedings before the Tehsildar.
18. The said proceedings are not subject matter of the instant writ petition and, therefore, in case, any such proceedings are instituted by the respondents, the same is to be decided on its own merits. The Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 1/14/2026 6:47:24 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:1297 7 WP-15342-2025 observations made by this Court in the instant order are limited only for the purpose of deciding the revenue proceedings under challenge.
19. With the aforesaid, the instant writ petition stands allowed and disposed of.
20. Pending interlocutory applications, if any, stand disposed of.
21. Certified copy as per rules.
(AMIT SETH) JUDGE Durgekar Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 1/14/2026 6:47:24 PM