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SAURABH LAVANIA
Shailendra Singh – Appellant
Versus
Addl. Commissioner admin. Ayodhya Div. Ayodhya – Respondent
JUDGMENT
Saurabh Lavania, J.
Heard petitioner No.1/Shailendra Singh, who appeared in person for himself and also for petitioner No.2, 3, 4, 5 & 6, Sri. Hemant Kumar Pandey, learned State counsel and Shri. Uma Shankar Sahai, learned counsel for the opposite party Nos.3 to 7.
2. The present petition has been filed seeking following main reliefs:-
Revenue authorities cannot adjudicate title disputes in mutation cases; established rights remain intact despite challenges.
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.
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.
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 orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
Revenue authorities must effect mutation based on registered civil court consent decrees without adjudicating title, probate, prohibitory orders, or registration issues, as proceedings are fiscal onl....
Revenue authorities cannot adjudicate title, probate or decree validity in mutation proceedings; must effect mutation on registered civil decrees for fiscal purposes unless set aside by competent cou....
Jurisdiction of revenue authorities to issue mutation orders upheld when confirmed ownership certificates exist, superseding prior claims based on disputed titles.
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