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HIGH COURT OF JUDICATURE AT ALLAHABAD
YOGENDRA KUMAR SRIVASTAVA
Gangaram Mishra – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. contentions on legality of mutation orders (Para 4 , 5) |
| 2. nature and scope of writ petitions in mutation matters (Para 6 , 7 , 8) |
| 3. application of kalawati principles to current case (Para 9) |
| 4. dismissal of writ petition and right to pursue civil suit (Para 10 , 11 , 12) |
JUDGMENT :
YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Ram Prakash Pandey, learned counsel for the petitioner, Sri J N Maurya, learned Chief Standing Counsel appearing along with Sri Dinesh Kumar Tiwari, for the State-respondents and Sri Puneet Kumar Upadhyay, holding brief of Sri Ashutosh Pandey, learned counsel appearing for respondent no.6.
2. The present petition has been filed under Article 226 of the Constitution of India, challenging the orders dated 18.10.2021 and 05.02.2024 passed by the Tehsildar/Respondent no.5, Tehsil Bhanpur, District Basti, in Case No.00335/2016 (Sushila vs. Gangaram), under Section 34 of the U.P. Revenue Code, 2006,[Code, 2006]the appellate order dated 18.07.2024 passed by the Sub-Divisional Magistrate/Respondent no. 4, Bhanpur, in Case No. 603/2024 ( Gangaram Mishra vs. Smt. Sushila Devi and others ) under Section 35 (2) of the Code, 2006, and the revisional order dated 0
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 proceedings do not confer title, and substantive rights must be established in a competent civil court.
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 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.
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
The validity of a 'Will' must be established in a regular court, as mutation proceedings do not adjudicate rights or title over property.
Mutation proceedings are summary and do not confer title; title must be established in a regular suit.
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