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IN THE HIGH COURT OF ALLAHABAD
SYED QAMAR HASAN RIZVI
Vishram Singh – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Syed Qamar Hasan Rizvi, J.
1. Heard Sri Hari Bans Singh, learned counsel for the petitioner; Sri Anshul Nigam, learned Standing Counsel appearing for the State-respondent nos.1 to 3; Sri Achal Singh, learned counsel for the Gaon Sabha-respondent no.4 and Sri Rajesh Kumar, learned counsel for the respondent no.5.
2. By means of the present writ petition, the petitioner has challenged the order dated 05.08.2024 passed by the Commissioner, Chitrakoot Dham Mandal, Banda (respondent no.2) in Case No. 1588 of 2023 (Ram Bharose Singh versus Vishram Singh) under Section 210 of U.P. Revenue Code, 2006 and the order dated 20.09.2022 passed by the Tehsildar, Tehsil- Pailani, District- Banda (respondent no.3) in Case No. 1288 of 2021 (Ram Bharose Singh Parihar versus Vishram Singh) under Section 35 of the U.P. Revenue Code, 2006.
3. Submission of the learned counsel for the petitioner is that the petitioner executed a sale deed in favour of the respondent no.5 on 17.08.2021. The said sale deed was registered on 17.08.2021. The submission of the learned counsel for the petitioner is that although the sale deed was got registered but the amount of consideration shown in the sale deed wa
Mutation proceedings do not confer title, and substantive rights must be established in a competent civil court.
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.
Mutation proceedings under the U.P. Land Revenue Act are summary in nature and do not confer title or extinguish rights. The only way to establish title is through a regular suit for declaration.
The rule of exhaustion of statutory remedies has been held to be a rule of policy, convenience and discretion and existence of an alternate remedy would not divest the High Court of its powers under ....
Mutation proceedings under U.P. Revenue Code serve summary fiscal purposes and do not confer or determine substantive property rights; thus, challenges under writ jurisdiction are generally not maint....
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
Mutation entries do not confer title and are only for fiscal purposes; disputes over title must be resolved in civil court.
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