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IN THE HIGH COURT OF ALLAHABAD
JASPREET SINGH
Ram Udit – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Revenue, Lko – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. Heard Shri Ranvijay Singh, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
2. By means of the instant petition, the petitioner assails the order dated 18.11.2022 passed by the respondent no.2 revisional authority whereby the revision of the petitioner was dismissed affirming the order dated 10.05.2016 as well as the order dated 21.11.2000 by virtue of which the mutation order passed in favour of the private respondents no.5 to 11 has been affirmed.
3. Submission of the learned counsel for the petitioner is two fold, it is primarily urged that in proceedings for mutation once there is a Will of the testator then the provision of Section 171 of the U.P. Z.A. & L.R. Act which relates to succession is excluded and it would be the Will which would prevail and in the aforesaid circumstances where the petitioner had claimed on the basis of a Will dated 29.09.1980 which was duly proved in accordance of Section 63 of the Indian SUCCESSION ACT read with Section 68 of the Indian EVIDENCE ACT , accordingly the authorities below have committed an error in not appreciating the aforesaid aspect while dismissing the clai
Mutation entries confer no title; true rights must be established in civil court, even when a will is claimed.
Mutation proceedings are summary in nature and findings do not bind parties in subsequent civil suits regarding the same matter.
Mutation proceedings are summary and do not confer title; title must be established in a regular suit.
The court affirmed that a party cannot challenge a mutation order after losing title proceedings, emphasizing the necessity of full disclosure of prior litigation.
The court affirmed that mutation proceedings are summary in nature and do not determine substantive rights, allowing for alternative remedies under the U.P. Revenue Code.
The main legal point established in the judgment is that mutation proceedings are administrative in nature and do not determine the rights or interest of the parties. The right or title in the proper....
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