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KSHITIJ SHAILENDRA
Balak Ram – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. challenge to the commissioner's order (Para 1 , 2) |
| 2. arguments regarding mutation proceedings and rights (Para 3 , 4 , 5) |
| 3. nature of mutation proceedings and judicial attitudes (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. mutation does not determine title or confer ownership (Para 13 , 14 , 15 , 16) |
| 5. legal reiteration regarding rights and suits (Para 17 , 18 , 19 , 20 , 21) |
| 6. conclusion allowing suit for establishing rights (Para 22 , 23 , 24 , 25 , 26 , 27) |
JUDGMENT
Kshitij Shailendra, J.
Heard Sri Chandra Bhan Gupta, learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Sri Ashish Kumar Singh, learned counsel for the respondent nos. 6 and 7.
2. This writ petition has been filed challenging the order dated 3.3.2023, whereby the Commissioner Aligarh Division, Aligarh has allowed the revision filed by the private-respondent under Section 210 U.P. Revenue Code-2006.
3. The contention of learned counsel for the petitioner is that the order impugned has been passed ignoring the provisions of Section 171 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 governing succession and that the private respondents are not entitled to get
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.
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 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 proceedings are summary and do not confer title; title must be established in a regular suit.
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
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 do not confer title, and substantive rights must be established in a competent civil court.
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