Mutation proceedings are summary and do not confer title; title must be established in a regular suit.

JUDGMENT

Alok Mathur, J.

Heard Shri. Yogesh Singh, learned counsel appearing for petitioners, learned Standing Counsel appearing on behalf of respondent nos. 1 and 2, Shri. Nitin Srivastava, learned counsel appearing for private respondents and perused the material available on record.

2. By means of the present writ petition the petitioner has challenged the order dated 29.06.2022 passed by the Tehsildar (Judicial), Utraula, District Balrampur as well as order dated 22.04.2024 passed by the Additional Commissioner (Administration-II) Devi Patan Division, Gonda wherein the application for mutation of the petitioners has been rejected while the application moved on behalf of the private respondents has been accepted.

3. The facts in brief of the case are that the disputed property in the present case pertains to Plot No. 370 situated at Village Nawva Koal Tehsil Utraula, District Balrampur, which was initially recorded in the name of Shri. Bechan. It is stated that Shri. Bechan had executed a Will Deed in favour of Lalta and Ram Pher, sons of Bachchu Lal the predecessor in interest of the petitioners. Shri. Bechan was survived by his son Bhagwan Das whose wife was Smt. Anara Devi i.e., respondent no. 3. Smt. Anara Devi is said to have executed a gift deed on 08.09.2010 in favour of the respondent nos. 4 to 6, who have contested the said case before the Naib Tehsildar as well as in the suit proceedings under Section 229-B of the U.P. Z.A. & L.R. Act.

4. It has been submitted that in the proceedings for mutation, the authorities found favour with the claim of the private respondents considering the gift deed executed by Smt. Anara Devi in favour of respondent nos. 4 to 6. The grievance of the petitioners in the present proceedings is that their claim with regard to the said property on the basis of the Will Deed was never considered by the authorities, consequently, the orders are illegal, arbitrary and deserves to be set aside. It has further been submitted on behalf of the petitioners that the suit under Section 229-B of the U.P. Z.A. & L.R. Act was filed by Ram Pher and Lalta, the predecessor in interest of the petitioner against Bhagwan Das seeking a declaration in their favour on the basis of the Will Deed executed by Shri. Bechan. The said suit proceedings are pending before the Sub Divisional Officer, Utraula, District Balrampur.

5. While passing the impugned order in favour of the private respondents, the Additional Commissioner (Administration-II) Devi Patan Division, Gonda has taken note of the fact that the suit under Section 229-B of the U.P. Z.A. & L.R. Act is pending before the Sub Divisional Officer, Utraula, Balrampur and any order passed by him in summary proceedings under Section 34 of the U.P. Revenue Code, would be the subject to the outcome regular suit proceedings under Section 229-B of the U.P. Z.A. & L.R. Act.

6. The private respondents on the other hand, opposed the writ petition stating that mutation proceedings do not confer any right or title over any person are in fact summary proceedings. It is stated that that there is no infirmity in the order passed by the Additional Commissioner (Administration-II) Devi Patan Division, Gonda as he himself has recorded that the mutation proceedings in any case would be subject to the outcome of the proceedings under Section 229-B of the U.P. Z.A. & L.R. Act and any order passed by the competent court therein would prevail over the said order.

7. I have heard the rival contentions of learned counsel for the parties and perused the record.

8. The legal position with regard to the order passed under Section 34 of the U.P. Revenue Code, 2006 has been duly considered by various co-ordinate Benches of this Court where it has been held that mutation proceedings are summary proceedings and in case any person is aggrieved by the same, he should approached the court of competent jurisdiction for adjudication of this claim with regard to the dispute in question.

9. The observa