Mutation proceedings do not confer title, and substantive rights must be established in a competent civil court.

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 was not paid to the petitioner and as such the sale deed has been rendered a void document.

4. The case of the petitioner is that on 17.12.2021, the petitioner filed a suit bearing O.S. No.663 of 2021 before the Court of learned Civil Judge (Junior Division), Banda, inter alia, praying for declaration of the sale deed as null and void. The said suit is still pending for adjudication before the competent Civil Court. Further, it has been stated by the learned counsel for the petitioner that after the execution of the said sale deed in respect of the property in question, the respondent no.5 moved an application for mutation before the Tehsildar, Tehsil- Pailani, District- Banda, under Section 35 of the U.P. Revenue Code, 2006 which was registered as Case No.1228 of 2021. In the said mutation case, the petitioner appeared before the court concerned and filed a detailed objection, inter alia, stating that the mutation application is not maintainable as the sale deed dated 17.08.2021, for want of non- payment of the amount of consideration is a void document, as such the respondent no.5 is not entitled to get his name mutated in the revenue records and the said application for mutation is liable to be rejected.

5. It has been submitted by the learned counsel for the petitioner that the learned Court of Tehsildar (respondent no.3) without taking into consideration the objections as raised by the petitioner, allowed the said mutation application filed by the fifth respondent, against which the petitioner preferred an appeal under Section 35 (2) of the U.P. Revenue Code, 2006 before the court of Sub Divisional Officer, Tehsil- Pailani, District- Banda. The Appellate Court after affording due opportunity of hearing to the parties concerned allowed the said appeal vide order dated 02.11.2023 and set aside the aforesaid order passed by the Tehsildar (respondent no.3).

6. Aggrieved by the aforesaid order, the respondent no.5 filed a revision under Section 210 of the U.P. Revenue Code, 2006 before the learned court of Commissioner, Chitrakoot Dham Mandal, Banda (respondent no.2). The said revision was registered as Revision No.1588 of 2023. The Revisional Court after setting aside the order dated 02.11.2023 passed by the Sub Divisional Officer, Tehsil- Pailani, District- Banda, remanded the matter to the Appellate Court for reconsideration with a direction to decide the appeal afresh on merits after affording due opportunity of hearing to the parties concerned.

7. The contention of the learned counsel for the petitioner is that the petitioner is in possession over the disputed property. He relied upon the law laid down by the Hon'ble Apex Court in the case of Kewal Krishna versus Rajesh Kumar and others ; reported in AIR 2022 Supreme Court 564, wherein Hon'ble Ap