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IN THE HIGH COURT OF ALLAHABAD
JASPREET SINGH
Rama Kant – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
JASPREET SINGH, J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents. Sri Adarsh Kumar Maurya, learned counsel has put in appearance on behalf of private respondent no. 3 and has filed his counter affidavit which is taken on record.
2. The office report dated 02.11.2022 indicates that service on the private respondents is complete, however, it is only the private respondent no. 3 who is contesting the proceedings.
3. Under challenge is the order dated 26.04.2022 whereby the revision preferred by the private respondent no. 3 has been allowed and the matter was remanded to the Trial Court for decision afresh.
4. The submission of learned counsel for the petitioner is that the property in question belonged to one Sri Kesar son of Doober. Upon his death, the name of his widow namely Smt. Surata was to be mutated, however, the name of Ms. Genda was also incorporated.
5. This in the first round of litigation was challenged and it was contended by the petitioners that after the death of Kesar, the property would devolve on his widow and not on the alleged niece namely Ms. Genda.
6. This issue which was first contested between Smt. Surata
Revisional Courts must decide issues based on undisputed facts rather than remanding unless justified by jurisdictional error; findings from summary proceedings do not bind subsequent litigation.
Mutation proceedings do not determine property title; unresolved title claims must be pursued through appropriate legal channels rather than summary processes.
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 ....
Mutation proceedings are summary and do not determine substantive rights; ongoing civil suits concerning property rights take precedence in adjudication.
Mutation proceedings are summary in nature and findings do not bind parties in subsequent civil suits regarding the same matter.
The court affirmed that a party cannot challenge a mutation order after losing title proceedings, emphasizing the necessity of full disclosure of prior litigation.
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