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JASPREET SINGH
Ram Bujharat – Appellant
Versus
Addil. Commissioner (Administration) 2nd, Devi Patan Division, Gonda – Respondent
JUDGMENT :
(Jaspreet Singh, J.)
1. Heard learned counsel for the petitioners. Notice on behalf of respondent nos.1 and 2 has been received by the office of learned Chief Standing counsel. Sri Pankaj Gupta learned counsel has received notice on behalf of respondent no.3-Gaon Sabha.
2. Under challenge are the two orders dated 24.05.2024 passed by the Additional Commissioner (Administration) IInd Devi Patan Mandal, Gonda in exercise of his powers under Section 210 of U.P. Revenue Code, 2006 whereby the order of mutation passed by the Nayab Tehsildar Balrampur (West) dated 11.12.2019 has been upheld.
3. Sri Faiz Ahmad Khan learned counsel for the petitioners submits that the dispute-in-question related to the property initially recorded in the name of Sri Lautan. It is the case of the petitioners that Sri Lautan had executed a registered Will dated 22.04.1998 in favour of Sri Pyare (father of the present petitioners).
4. Simultaneously, another claim in respect of the property of Lautan was raised by his widow Kamla Devi who got her name mutated on the basis of succession on 25.09.2000. Soon thereafter, on 27.09.2005, she executed a sale deed in favour of the private respondent no.4-Til
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.
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....
The court affirmed the Board of Revenue's decision, ruling that the Naib Tehsildar acted within jurisdiction and the petitioner's claims were dismissed due to lack of grounds for recall.
Mutation proceedings are summary and do not confer title; title must be established in a regular suit.
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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