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ASHUTOSH SRIVASTAVA
Sanjay Gupta – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ASHUTOSH SRIVASTAVA, J.
1. Heard Ms. Pooja Talwar, learned counsel for the petitioner, Shri Abhishek Shukla, learned Addl. Chief Standing Counsel appearing for the State-respondents, Shri Saurabh Basu, learned counsel who has put in appearance on behalf of the substituted heirs of the deceased respondent No. 4 and Shri Shashank Tripathi, learned counsel for the proposed respondent No. 5.
2. The writ petition has been filed questioning the legality, propriety and correctness of the order dated 21.4.2009 passed by the Board of Revenue, U.P. Lucknow whereby and whereunder the revision at the instance of the respondent No. 4 assailing the order dated 11.5.2004 passed by the Addl. Commissioner has been allowed and the order of the Addl. Commissioner has been set aside and the matter has been remanded back to the Court of Naib Tehsildar (Bidhnu Area), Tehsil Sadar, District Kanpur Nagar. The challenge has also been laid to the consequential order dated 25.1.2010 passed by the Naib Tehsildar (Bidhnu Area), Tehsil Sadar, Kanpur Nagar whereby and whereunder the PA-11 entry in the name of the petitioner over the plots in dispute has been set aside and the name of the respondent No. 4
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.
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 ....
Complicated inheritance disputes regarding land rights should be resolved through regular civil suits, not summary mutation proceedings, as determined under applicable land laws.
Mutation proceedings under the U.P. Land Revenue Act do not confer title and are subject to civil suits for declaration of rights.
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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