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SANGEETA CHANDRA
Mahanth Chaturbhuj Das @ Chanda – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SANGEETA CHANDRA, J.
1. Heard learned counsel for the petitioner and Sri. V.P. Nag, learned standing counsel appearing for the State-Respondent.
2. The petitioner is aggrieved by the order dated 03.03.2021 passed by the Commissioner, Ayodhya Division, Ayodhya and also the order dated 22.05.2017 passed by the Additional District Magistrate (Finance and Revenue)/Nazul Officer, Faizabad (now Ayodhya) and prays for a mandamus directing the respondent to allow mutation application dated 10.12.2013 filed under Rule 5A of the Nazul Manual in respect of Khasra No. 51 admeasuring 3 Bigha 10 Biswa 12 Biswansi 12 Kachwansi situated in Mohalla Guptarghat, Pargana Haveli Avadh, Tehsil Sadar, District Faizabad.
3. It is the case of the petitioner that he is the successor of Mahant Gopal Das, who was spiritual brother/Gurubhai of Mahant Maha Tyagi Mohan Das Mauni Baba chela Mahanth Ram Bharosey Das. A nazul lease deed for 90 years with renewal due after every 30 years had been executed between the Secretary of State of Indian Dominion and Baba Janki Das Maharaj Phalahari Chela Sri. Ram Sevak Das Ji with respect to the aforesaid Khasra No. 51 on 26.07.1927. The same was registered before th
Point of law: It is settled law that mutation proceedings are summary in nature and if an order is passed in such proceedings or any writ petition thereafter challenging such orders passed in mutatio....
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
The main legal point established in the judgment is that the Divisional Commissioner acted beyond jurisdiction in entertaining the revision application and passing the impugned orders, as the power o....
The Tehsildar retains jurisdiction over mutation applications for non-agricultural land, even post-acquisition notifications, and auction sales under the Securitisation Act are valid if conducted pri....
Mutation proceedings - There is no finding recorded either by Appellate Court or by Revisional Court as to who was in actual possession of property in question and therefore liable to pay revenue to ....
The Tehsildar retains jurisdiction to entertain mutation applications for non-agricultural land even after acquisition notifications under the National Highway Act, and auction proceedings under the ....
Complicated inheritance disputes regarding land rights should be resolved through regular civil suits, not summary mutation proceedings, as determined under applicable land laws.
The court emphasized that the order of mutation neither confers nor extinguishes any right of the parties over the land and that the purpose of mutation is only to collect government revenue from a p....
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