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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
DEVENDRA KUMAR UPADHYAYA
Amar Nath Arora – Appellant
Versus
Board Of Revenue U.P. Lucknow – Respondent
| Table of Content |
|---|
| 1. factual background of property dispute. (Para 4 , 5 , 6 , 7 , 8 , 10 , 11) |
| 2. arguments regarding the validity of claims to possession. (Para 17 , 18 , 20 , 21) |
| 3. court's observations on the maintainability of the writ petition. (Para 19 , 22 , 23 , 24) |
| 4. legal requirements for establishing possession in mutation proceedings. (Para 27 , 29 , 31) |
| 5. conclusion and order to quash previous decisions. (Para 38 , 39 , 40) |
Judgment
Hon'ble Devendra Kumar Upadhyaya,J.
Heard Dr L P Misra, learned counsel for the petitioner, learned Standing Counsel representing the State-respondents and Sri Mohd Arif Khan, learned Senior Advocate assisted by Sri Amit Kumar Singh Bhadauria and Sri Sanjay Tripathi, Advocates for respondent no.4.
2. For the reasons disclosed hereinafter, since respondent nos.5 to 11 are proforma respondents, notices need not be issued to them.
3. With the consent of learned counsel for parties, the writ petition is being decided finally at the admission stage itself.
4. Under challenge in this petition is an order dated 30.01.2018 passed by Naib Tehsildar, Khushhal Ganj, Sarojini Nagar, Lucknow, whereby the land in dispute comprised in gata no.902 admeasuring 0.325
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
Writ petitions against mutation orders are maintainable if they violate natural justice or are issued without jurisdiction, reaffirming the need for proper procedural adherence in land revenue matter....
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 proceedings under U.P. Revenue Code do not determine title or confer ownership; such matters are subject to civil court adjudication, and petitions against mutation orders are generally not ....
The mandatory reporting of acquisition of legal right and interest within 6 months, the jurisdiction of revenue courts in mutation proceedings, and the principle of estoppel were central legal points....
Mutation proceedings - There is no finding recorded either by Appellate Court or by Revisional Court as to who was in actual possession of property in question and therefore liable to pay revenue to ....
Mutation proceedings are summary and do not confer title; title must be established in a regular suit.
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