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JASPREET SINGH
Dhananjay Singh – Appellant
Versus
Nayab Tehsildar Ayodhya Teh. Sadar Faizabad Now Ayodhyaandan – Respondent
JUDGMENT
Jaspreet Singh, J.
Heard Shri Chhote Lal Yadav, learned counsel for the petitioner, Dr. R.S. Pande, learned Senior Counsel assisted by Shri Virendra Bhatt, learned counsel for the private-respondent No.2 and the learned standing counsel for the State-respondent No.1 and perused the record.
2. By means of the instant petition, the petitioner assails the order dated 21.12.2018 passed by the Naib Tehsildar and order dated 20.03.2015 passed by the Naib Tehsildar in case No.1605. The aforesaid two orders have been passed in mutation proceedings.
3. Briefly, the facts giving rise to the instant petition are being noticed hereinafter first.
4. The land in disputes relates to Gata Nos.220, 221, 240, 1019, total land measuring 3.7250 hectares recorded in the name of Smt. Saraswati Devi, who was the mother of the private-respondent No.2. After the death of Smt. Saraswati Devi, the respondent No.2 Susheela Singh filed a mutation application under Section 34 of the U.P. Land Revenue Act, 1901 on the basis of a Will dated 08.09.1986 said to have been executed by Smt. Saraswati Devi and the said mutation application came to be rejected on 05.02.2003 for want of prosecution.
5. Subsequentl
The court affirmed that a party cannot challenge a mutation order after losing title proceedings, emphasizing the necessity of full disclosure of prior litigation.
The court affirmed that mutation proceedings are summary in nature and do not determine substantive rights, allowing for alternative remedies under the U.P. Revenue Code.
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
Mutation proceedings are summary in nature and findings do not bind parties in subsequent civil suits regarding the same matter.
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 validity of a 'Will' must be established in a regular court, as mutation proceedings do not adjudicate rights or title over property.
Mutation proceedings - There is no finding recorded either by Appellate Court or by Revisional Court as to who was in actual possession of property in question and therefore liable to pay revenue to ....
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