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SYED QAMAR HASAN RIZVI
Daya Wati Diwan Singh Shukla, Sarasvati Vidya Mandir, Inter College – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SYED QAMAR HASAN RIZVI, J.
Civil Misc. Amendment Application No. Nil of 2023
1. Learned counsel for the petitioners has filed an application for amendment in the memo of writ petition to add the Board of Revenue, U.P. Lucknow as respondent No. 6 in the array of parties, the same is taken on record.
2. Learned Additional Chief Standing Counsel appearing for the State submits that he has no objection to the aforesaid amendment.
3. The application for amendment is allowed.
4. The petitioners are permitted to incorporate the necessary amendment in the memo of writ petition during the course of the day.
Order on Order Sheet
1. Heard Shri Gyanendra Kumar Sharma holding brief of Shri Rahul Singh Dahiya, learned counsel for the petitioners and Sri Jitendra Narain Rai, learned Additional Chief Standing Counsel for the State-respondents.
2. By means of the present writ petition, the petitioners have assailed the impugned order dated 12.4.2023 passed by the Board of Revenue U.P. at Lucknow in Revision No. 1014 of 2023 (Shri Ravi Kumar v. Dayawati Diwan Singh Shukla and others).
3. Sri Jitendara Narain Rai, learned Additional Chief Standing Counsel, appearing for the State-respondents has rai
Mutation entries do not confer title and are only for fiscal purposes; disputes over title must be resolved in civil court.
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 ....
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 do not confer title, and substantive rights must be established in a competent civil court.
The court established that restoration proceedings under the U.P. Land Revenue Act, 1901 are valid despite the enactment of the U.P. Revenue Code, 2006, emphasizing jurisdictional competence and subs....
Writ petitions against mutation orders are maintainable if they violate natural justice or are issued without jurisdiction, reaffirming the need for proper procedural adherence in land revenue matter....
Mutation proceedings under U.P. Revenue Code do not determine title or confer ownership; such matters are subject to civil court adjudication, and petitions against mutation orders are generally not ....
The mutation application based on an unchallenged sale deed cannot be dismissed in summary proceedings, affirming the Board of Revenue's review authority under the U.P. Land Revenue Act.
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