total 23 survey numbers ad measuring 8.21 hectare was recorded in the name of Mani Kumar Saini in the revenue records. Mani Kumar Saini died on 26.9.2013. After death of Mani Kumar Saini, respondents No. 1 to 3 moved an application for mutation before the Tahsaildar under Sections 109 and 110 of the CG Land Revenue Code, 1959. Tahsildar Nazul, Durg vide order dated 18.6.2014 allowed the application and directed the revenue authorities to record the names of respondents No.1 to 3 only. The order passed by Tahsildar dated 18.6.2014 was challenged before the Sub-Divisional Officer (R.), Durg in Revenue Appeal No.89 A-6/2014-15 by the petitioner herein. The Sub-Divisional Officer vide order dated 3.2.2015 allowed the appeal preferred by the petitioner on the ground that the petitioner is the mother of Late Mani Kumar Saini. According to Section 8 of the Hindu Succession Act, 1956 and Schedule-1, mother is a Class-1 heir, therefore she has right over the property. The order passed by the SubDivisional Officer was challenged in Second Appeal before the Additional Commissioner Division Durg, Durg and vide order dated 6.9.2016 the appeal preferred by respondents No. 1 to 3 was allowed. The petitioner herein preferred a revision against the order of Commissioner before the Board of Revenue and the Board of Revenue vide order dated 7.14.2017 set aside the order passed by the Commissioner on the ground that Revenue Authorities may pass order according to provisions of the CG Land Revenue Code, 1959 and the provisions of the Hindu Succession Act do not apply in the proceeding.
