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SAURABH LAVANIA
Km. Sudha Mishra – Appellant
Versus
Upper Ayukt Judicial Lucknow Division Lucknow – Respondent
JUDGMENT
Saurabh Lavania, J.
Heard learned counsel for the petitioner, learned counsel for the State-Sri Hemant Kumar Pandey as also Sri Dileep Kumar Pandey, learned counsel for the Gaon Sabha.
2. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.
3. By means of present petition, petitioner has assailed the order dated 16.03.2009 passed by the respondent No.1-Upper Aayukt (Judicial), Lucknow Division, Lucknow in Revision No. 965 of 1999-2000 (Km. Sudha Mishra v. Surendra Dutt & Others) instituted under Section 219 of the U.P. Land Revenue Act, 1901 (in short "Act of 1901") as also has impeached the order dated 20.07.2000 passed by the respondent No.2-Deputy Collector, Mahmoodabad, District-Sitapur in Appeal No. 14 (Surednra Dutt & Others v. Km. Sudha) instituted under Section 210/211 of the Act of 1901.
4. In nutshell, present petition filed under Article 226 of the Constitution of India challenges the order(s) passed in the mutation proceedings.
5. The claim of the petitioner before the revenue court of first instance namely Tehsildar was based upon the 'Will' dated 18.09.1990 executed by one Smt. Revati Devi W/o Late G
The validity of a 'Will' must be established in a regular court, as mutation proceedings do not adjudicate rights or title over property.
The court affirmed that a party cannot challenge a mutation order after losing title proceedings, emphasizing the necessity of full disclosure of prior litigation.
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 under the U.P. Land Revenue Act do not confer title, and jurisdiction to decide title issues lies solely with civil courts.
Mutation proceedings are summary and do not confer title; title must be established in a regular suit.
Mutation proceedings under U.P. Revenue Code serve summary fiscal purposes and do not confer or determine substantive property rights; thus, challenges under writ jurisdiction are generally not maint....
Delay in filing a mutation application raises doubts about its legitimacy, especially when previous claims have already been adjudicated and dismissed.
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