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JASPREET SINGH
Sunita Mishra – Appellant
Versus
Board Of Revenue U P At Lucknow Through Its Chairman – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. The petitioner has approached this Court assailing the order dated 27.09.2021 passed by the Board of Revenue in Revision No. 229 of 2020 whereby the revision of the private respondent no. 2 was allowed and the order dated 23.12.2019 passed by the Additional Commissioner was set aside, as a consequence, the mutation order passed in favour of the private respondents no. 2 dated 20.06.2018 has been affirmed.
2. The matter at hand has a chequered history, accordingly, it will be appropriate to take a glance at the facts giving rise to the instant petition first:-
3. The dispute in question relates to Plot No. 470M measuring 0.0693 hectares situate in Balia Shahbadi, Pargana Haweli Awadh, Tehsil-Sadar, District Faizabad.
4. It is the case of the petitioner that the said property was purchased in part by means of a registered sale deed dated 10.08.2000 and later the petitioner again purchased some more part of Plot No. 470M measuring 0.0438 hectares on 01.07.2006. The petitioner also got the said land declared as non-agricultural by means of order dated 27.11.2012.
5. The petitioner thereafter for the purposes of expanding her business under the name and style
The Tehsildar retains jurisdiction to entertain mutation applications for non-agricultural land even after acquisition notifications under the National Highway Act, and auction proceedings under the ....
The Tehsildar retains jurisdiction over mutation applications for non-agricultural land, even post-acquisition notifications, and auction sales under the Securitisation Act are valid if conducted pri....
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
Mutation proceedings under the U.P. Land Revenue Act do not confer title, and jurisdiction to decide title issues lies solely with civil courts.
A landowner's right to mutate property based on a registered sale deed cannot be legally denied without lawful acquisition or evidence of ownership disputes.
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.
The mandatory reporting of acquisition of legal right and interest within 6 months, the jurisdiction of revenue courts in mutation proceedings, and the principle of estoppel were central legal points....
Complicated inheritance disputes regarding land rights should be resolved through regular civil suits, not summary mutation proceedings, as determined under applicable land laws.
(1) Mutation – There is no bar for seeking mutation based on a Will – However, in a case of serious dispute regarding validity/genuineness of Will, appropriate course for parties would be to approach....
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