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CHANDRA KUMAR RAI
Tulsi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. Devesh Kumar Verma, learned counsel for the petitioners, Mr. S.P. Singh, learned Additional Chief Standing Counsel for the State-respondents and Mr. S.C. Verma, learned Advocate assisted by Mr. Padmakar Pandey learned counsel for respondent No.5.
2. Brief facts of the case are that Tehsildar vide order dated 1.10.2014 under Section 34 of U.P. Land Revenue Act ordered to record the name of respondent no.5 on the basis of sale deed executed by Mst. Kesha on 1.6.2013 in favour of respondent no.5 in respect to 1/2 share of Plot No.1696 Ka area 0.080 hectare, 1697 area 0.1000 hectare, 1698 area 0.1000 hectare, 1701 area 0.2000 hectare total area 0.480 hectare situated in Village- Katri Khewra, Pergana, Tehsil and District- Kanpur Nagar. Petitioners challenged the order of Tehsildar dated 1.10.2014 in appeal before Sub Divisional Officer under Section 210 of U.P. Land Revenue Act which was dismissed vide order dated 14.9.2016. Petitioners again challenged the appellate order in Revision under Section 219 of U.P. Land Revenue Act which has been dismissed vide order dated 7.2.2023 hence this writ petition on behalf of the petitioner challenging the
Mutation orders based on valid sale deeds remain effective despite ongoing civil disputes; judicial review under the U.P. Land Revenue Act is limited to clear illegality.
The court affirmed that administrative decisions related to land mutation, when following due process, are not overridden by ongoing civil litigation regarding the same subject 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.
A sale deed canceled by a Civil Court prevents subsequent actions vesting the land in the State, affirming the validity of the registered sale deed in favor of the petitioner.
Mutation proceedings under the U.P. Land Revenue Act are summary in nature and do not determine title; a registered sale deed remains valid until annulled by a competent court.
Mutation proceedings under the U.P. Land Revenue Act do not confer title and are subject to civil suits for declaration of rights.
Mutation proceedings under the U.P. Land Revenue Act do not confer title and are subject to the outcome of civil suits regarding property rights.
The interpretation of Section 92 Proviso (4) of the Indian Evidence Act and the precedent set by the Apex Court regarding the admissibility of subsequent oral agreements to modify will deeds.
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