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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR
Rajveer Singh – Appellant
Versus
Board of Revenue, Lucknow – Respondent
JUDGMENT :
J.J. MUNIR, J.
1. This writ petition is directed against the order of the Board of Revenue, Uttar Pradesh at Lucknow in Revision No. 2462 (LR)/2005-06, rejecting the revision preferred by the petitioner and affirming an order dated 28.08.2006 passed by the Commissioner, Agra Division, Agra in Revision No. 13/2004-05 carried by the fifth respondent against an appellate order of the Sub-Divisional Officer, Tahsil Sadar, Firozabad dated 14.12.2004 passed in Appeal No. 3/2004-05 preferred by the petitioner, allowing the said appeal and setting aside an order dated 31.05.2004 passed by the Naib Tahsildar, Uttar, Firozabad, rejecting the petitioner’s restoration application made in Case No. 90T, seeking to set aside an order dated 30.09.1970 passed in the mutation case aforesaid in favour of the fifth respondent on ground that it is ex-parte. The facts giving rise to the present writ petition are detailed hereinbelow.
2. It is the petitioner’s case that the property in dispute comprises Old Khata No. 509, now New Gata Nos. 2023@1d] 2044@1d] 2048@1[k] 2454] 2489] 2490 ,oa 2491 admeasuring a total of 1.153 hectare, which was bhumidhari of the petitioner’s predecessors-in-title. The
Complicated inheritance disputes regarding land rights should be resolved through regular civil suits, not summary mutation proceedings, as determined under applicable land laws.
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....
The court emphasized that the order of mutation neither confers nor extinguishes any right of the parties over the land and that the purpose of mutation is only to collect government revenue from a p....
The Revenue Tribunal must ensure compliance with statutory requirements in mutation proceedings, retaining jurisdiction to review such orders despite disputes over title.
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 under the U.P. Land Revenue Act do not confer title and are subject to civil suits for declaration of rights.
Mutation proceedings under the U.P. Land Revenue Act do not confer title and are subject to the outcome of civil suits regarding property rights.
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