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ALOK MATHUR
Ghanshyam – Appellant
Versus
Addl. Commissioner (Administration Ii), Devi Patan Division, Gonda – Respondent
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.
Mutation proceedings are summary and do not confer title; title must be established in a regular suit.
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 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 ....
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
Delay in filing a mutation application raises doubts about its legitimacy, especially when previous claims have already been adjudicated and dismissed.
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....
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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