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IN THE HIGH COURT OF ALLAHABAD
SAURABH SHYAM SHAMSHERY
Avadhesh Kumar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. Heard Sri Manoj Kumar Sharma, learned counsel for petitioners and Sri Krishna Mohan Asthana, learned counsel for contesting respondent.
2. This matter is arising out of a mutation proceedings. Petitioners and contesting respondent are claiming their names on basis of their respective sale-deeds. So far as, claim of petitioners is concerned, it is on basis of a sale-deed dated 14.09.1961 and at the time of consolidation proceedings, their name was entered.Subsequently, the contesting respondent filed a mutation proceedings on basis of a sale-deed dated 25.07.1956, prior in time after a substantial period i.e. in the year 2015, claiming that during interregnum period, name of her father was recorded on basis of said sale-deed. Be that it may be, the said petition was dismissed with following operative part :-
3. In the aforesaid circumstances, the contesting respondent filed a revision petition before the Board of Revenue, which was allowed by impugned order dated 20.01.2017. The relevant part thereof is mentioned hereinafter :-
4. Petitioners have filed this writ petition challenging the aforesaid referred order.
5. This Court has passed following
Mutation proceedings are summary in nature, and existing entries indicating ownership should not be disturbed without substantial evidence, reaffirming the presumption of ownership based on prior rec....
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 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.
The dismissal of suits filed by the respondents influenced the court's decision to quash the order staying the mutation entry in favor of the petitioner.
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
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