Mutation proceedings under the U.P. Land Revenue Act do not confer title, and jurisdiction to decide title issues lies solely with civil courts.

JUDGMENT :

1. Heard learned counsel for the petitioners, Sri Vijai Bahadur Verma, who put in appearance on behalf of opposite party No.3-Harihar Bux and Sri Hemant Kumar Pandey, learned counsel for the State.

2. In view of order proposed to be passed, notice to opposite parties is hereby dispensed with.

3. By means of present petition, petitioners have assailed the order passed in the mutation proceedings.

4. The main relief sought in the present petition on reproduction reads as under:-

"(i) To issue writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 19.01.2023 passed by the Ld.Opp.Party No.1 in Revision No.00378/2021 [C202104000000378](Smt. Kalawati Vs Harihar Bux & Ors) u/s 229 of the U.P. L.R.Act and the judgment & order dated 15.02.2021 passed by the Ld. Opp. Party No.2 in Case No. 5382/2014 [Computer No.20140412055382] u/s 34/35 of the U.P.L.R.Act (Smt. Kalawati Vs Tauqeer Ahmed & Ors) contained in Annexure No.1 & 2 respectively to the Writ petition."

5. As per record as also the submissions advanced by the learned counsel for the petitioners the orders aforesaid have been assailed, broadly, on following grounds:-

(i) limitation for preferring an application for mutation under Section 34 of U.P. Land Revenue Act, 1901 (in short "Act of 1901").

(ii) the jurisdiction of Tehsildar and other authorities under the Act of 1901 while dealing with the mutation cases.

6. Learned counsel for the parties, proposed the following questions, which are to be answered by this Court:-

"A. As to whether an application u/s 34 of the L.R. Act, 1901 can be moved in case of transfer at any point of time or within a reasonable period of time after reporting the possession as provided u/s 34(1) of the Act?

B. As to whether if the possession is not be reported to the Tehsildar of the Tehsil concerned within three months from the date of obtaining possession upto what time the application can be entertained after levying fine as the same is not provided even u/s 38 of the Act?

C. As to whether in a local law where no limitation is provided section 29(2)(b) of the Limitation Act would be made applicable and as such as per residuary Article 137 the limitation would be three years?

D. As to whether in a summary proceedings when rival claims are setup the Tehsildar is entitled to decide the title or the same should be referred to the Court of original jurisdiction to decide the title as has been held by the full bench of Karnatka High Court in the case of Smt. Jayamma & 3 Ors. Versus the State of Karnatka & 3 Ors., reported in AIR Online 2020 KAR 108 (Full Bench)."

7. Before entering into the factual aspect of the case as also the issue that as to whether in the facts of the case the present petition is liable to be entertained, this Court finds it appropriate to deal with the aforesaid questions.

8. For coming to the conclusion on the questions aforesaid as also on the issue of entertainability of present petition, it would be apt to refer some statutory provisions and relevant paragraphs of some pronouncements.

9. Section(s) 33A, 34, 35, 38, 40 and 40-A of the Act of 1901 being relevant, are extracted herein under:-

"[33A. Correction of annual registers in cases of uncontested successions. - (1) Where a person obtains possession of any land by succession, tire Kanungo shall make such enquiry as may be prescribed and if the case is not disputed record the same in the annual registers.]

[(2) The provisions of sub-section (1) shall mutatis mutandis apply –

(i) to a person, who has been admitted as a sirdar of any land under Section 195 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 before tire commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1977 or as a bhumidhar with non-transferable rights under tire said section after such commencement, or as an asami of any land under Section 197 of the first mentioned Act.

(ii) to every settlement of land made under sub-section (3) of Section 27 of