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2014 Supreme(All) 361

ANJANI KUMAR MISHRA
Jairam and Another – Appellant
Versus
Additional Commissioner (ADMN. ), Faizabad Division and Others – Respondent


Advocates:
Counsel for the Petitioner: Brijraj Singh and Shobhit Nigam.
Counsel for the Respondent: C.S.C.

Judgement Key Points

Key Points: - The mutation proceedings cannot be stayed during pendency of another mutation case at the revisional stage; status quo does not stay subsequent mutation proceedings [25000741850010][25000741850012] - Mutation entry does not confer title; the person recorded is liable to pay land revenue [25000741850008] - Proceedings under Section 34 of the U.P. Land Revenue Act have fiscal connotations and are to be decided irrespective of regular title proceedings [25000741850008] - Order of status quo is separate from mutation proceedings and does not prevent mutation or sale deeds executed in violation of status quo [25000741850011][25000741850012] - The writ petition challenging the stay of mutation proceedings lacks merit and is dismissed [25000741850013] - Revision and impugned orders need not be interfered with where mutation authority has acted within its scope [25000741850008]

What is the effect of mutation proceedings on stay of other mutation or title proceedings under the U.P. Land Revenue Act?

What is the status and binding effect of a status quo order on mutation proceedings and subsequent transactions?

What are the rights of the recorded tenure holder to pay land revenue versus conferment of title through mutation entries?


Anjani Kumar Mishra,J.

This writ petition arises out of proceedings under Section 34 of the U.P.Land Revenue Act. The dispute relates to plot No. 423,431, 463, 481, 482,485, 614K, 639, 640, 644 Ka, 670 kha, 920 situated in Village Vishambharpur, Pargana Surhurpur, Tahsil Jalalpur district Ambedkar.

2. It is the case of the petitioners that their father Jhinnu was recorded over the land in dispute. The petitioners claim on the basis of a registered will in their favour. All three sons of Jhinnu were recorded on the basis of PA-11 contrary to the Will set up by the petitioner wherein as per their case, the opposite party no.6 was not entitled to any share. An order was passed on 29.8.1988 in favour of the petitioners by the Assistant Tehsildar, the PA-11 entry was expunged and objection of opposite party no.6 was rejected.

3. Against this order dated 29.8.88 an appeal was filed by the respondent no.6 wherein the order impugned was set aside and the matter was remanded. In pursuance of the order of remand the Tahsildar passed an order on 15.4.2002 maintaining the earlier entry in favour of the three brothers. This order was affirmed in appeal against which a writ petition was preferre


















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