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KSHITIJ SHAILENDRA
Brahanand Pandey – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Shri Brahmanand Pandey, the petitioner who has appeared in-person, learned Standing Counsel for the State-respondents and Shri Anand Prakash Srivastava, learned counsel for the respondent no.5-private respondent.
2. This writ petition has been filed by one Brahmanand Pandey S/o Rajmani Pandey, R/o Village-Sasna Vishwanathpur, Police Station-Maharajganj, Pargana Gopalpur, Tehsil-Sagadi, District-Azamgarh who has appeared in-person before this Court.
3 The reliefs claimed in the present writ petition are for quashing of the order dated 25.10.2017 passed by the Collector/District Magistrate-Azamgarh as well as the order dated 21.10.2020 passed by the Commissioner, Azamgarh, Division-Azamgarh.
4. The Collector/District Magistrate, Azamgarh has rejected the case filed by the petitioner under Sections 33/39/225 of U.P. Land Revenue Act-1901 (hereinafter referred to as ''the Act-1901') (Brahmanand Pandey v. State of U.P.) vide impugned order dated 25.10.2017 whereas vide impugned order dated 21.10.2020, the Commissioner, Azamgarh, Division Azamgarh has dismissed the revisions filed under Section 219 of the Act-1901.
5. A perusal of record shows that the petitioner filed a c
Point of Law : This is not a fit case where any of the exceptions stands attracted requiring interference in exercise of powers under Article 226 of the Constitution of India.
Mutation proceedings under the U.P. Land Revenue Act are summary in nature and do not confer title or extinguish rights. The only way to establish title is through a regular suit for declaration.
Mutation proceedings under the Land Revenue Act are summary in nature and do not confer title; aggrieved parties must seek resolution in civil courts.
Mutation entries do not impact the title of the parties, and orders passed by mutation courts are subject to the result of regular proceedings.
The rule of exhaustion of statutory remedies has been held to be a rule of policy, convenience and discretion and existence of an alternate remedy would not divest the High Court of its powers under ....
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