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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Manish Kumar Nigam,J.
Gujjar Mal Modi Charitable Trust – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Manish Kumar Nigam, J.
1. Heard learned counsel for the parties and perused the records.
2. Instructions have been submitted by Sri Abhishek Shukla, learned Additional Chief Standing Counsel, which are taken on record and since there is no factual controversy involved in the matter, the petition is being decided with the consent of parties, at the admission stage itself.
3. This writ petition has been filed for the following reliefs:-
"i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 11.03.2024 passed by the respondent no. 2 (Annexure No. 1);
ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to allow the application dated 28.08.2023 moved by the petitioner trust under Section 34 of the Uttar Pradesh Revenue Code, 2006 and enter the name of the petitioner trust against the land in question situated at Village Mukarrabpur, Pallera, Pargana Daurala, Tehsil Sardhana, District Meerut."
4. By the order impugned dated 11.03.2024 passed by respondent No. 2, the application of the petitioner for recording petitioner's name in the revenue records has been rejected by respondent No. 2.
5. Brief fa
The court established that revenue entries must be corrected following the abatement of prior proceedings, regardless of the section under which the application was made.
Summary proceedings under the U.P. Revenue Code cannot adjudicate title disputes; petitioners may seek declaration of rights through a regular suit.
The main legal point established in the judgment is the jurisdiction and applicability of legal provisions governing mutation proceedings, particularly in the context of land falling within the terri....
A writ petition can be entertained despite the availability of an alternative remedy when the impugned order violates principles of natural justice.
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