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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Rakesh Thapliyal, J.
Ashutosh Sharma and Another - Petitioners
Versus
Madhav Samarpan Samiti - Respondent
Writ Petition (M/S) No. 1448 of 2024
Decided On : 01-08-2024
Mutation - Property Dispute - Land Revenue Act - Sections 34, 35, 201, 210, 219 - The court emphasized that mutation proceedings are summary in nature and do not confer title, requiring aggrieved parties to seek resolution through civil courts for title disputes.
Fact of the Case:
The petitioners challenged the mutation of property in favor of the respondent based on a Will, claiming they were not notified of the proceedings and had a subsequent Will in their favor.
Finding of the Court:
The court found that the mutation proceedings were valid as the petitioners were not parties to the original proceedings and had not filed a mutation application based on their Will.
Issues: Whether the mutation proceedings were valid despite the petitioners' claims of a subsequent Will and lack of notice.
Ratio Decidendi: The court held that mutation proceedings are summary and do not determine title, thus the petitioners must seek resolution through civil courts.
Result: The writ petition was dismissed as not maintainable.
JUDGMENT :
Rakesh Thapliyal, J.
1. By the instant petition, preferred under Article 227 of the Constitution of India, the petitioners are praying for the following reliefs:-
(b) Issue a writ, order or direction in the nature of certiorari quashing the order dated 30.09.2020 passed by Assistant Collector 1st Class, Haridwar, in appeal no.04/2018, Ashutosh Sharma and another Vs. Madhav Samarpan Samiti and the order dated 08.05.2018 passed by Tehsildar Haridwar, in case no. 69/2015-16, Ashutosh Sharma and another Vs. Madhav Samarpan Samiti.
(c) Issue any other suitable writ order or direction which this Hon'ble Court may deem fit, just and proper under the facts and circumstances of the case.
(d)Cost of the petition be awarded in favor of the petitioner.”
2. Brief facts of the case are that the father of the petitioners namely late Shri Bhushan Sharma was the absolute owner of property measuring 0.6330 hectare and 0.4420 hectare falling in khasra Nos. 175M, 186M, 187M, 188M and 192 situated in village Shekhpura @ Kankhal, Pargana Jwalapur, Tehsil and District Haridwar.
3. The issue in the present writ petition pertains to the mutation of respondent in the revenue records in place of the petitioners’ father pursuant to a Will dated 25.10.1995, registered on 26.10.1995, whereby the petitioners’ father Bhushan Sharma, being the testator bequeathed the property in favour of Madhav Samarpan Samiti (a society formed by Rashtriya Swayamsevak Sangh members).
4. Learned counsel for the petitioners submits that in the mutation proceedings initiated pursuant to an Application moved by the respondent under Section 34 of the Land Revenue Act, neither the petitioners were impleaded nor any proclamation was issued and earlier mutation application, filed by the respondent was dismissed in default by order dated 15.01.2016 and subsequently a Restoration Application was filed and by order dated 25.02.2016, the Tehsildar allowed the Restoration Application, as well as allowed the mutation proceedings in favour of the respondent and directed to mutate the name of the respondent in place of the deceased father of the petitioners.
5. It is submitted by the learned counsel for the petitioners that the petitioners were completely unaware about the said mutation proceedings and thereafter, the petitioners moved an Application under Section 201 of the Land Revenue Act on 04.08.2017 after more than one and half year, seeking recall of the order dated 25.02.2016, wherein the fact about the Will dated 25.10.1995, registered on 26.10.1995 was completely denied and contended therein that the father of the petitioners executed a registered Will on 20.09.2000 in favour of the petitioners in respect of his entire property.
6. In the said application, preferred under Section 201 of the Land Revenue Act, it was prayed that the order dated 25.02.2016 be recalled and the mutation application be heard on merits after grant of opportunity of hearing to the petitioners.
7. Learned counsel for the petitioners further submits that the Restoration Application was filed on 04.08.2017, seeking recall of the order dated 25.02.2016 and a separate Delay Condonation Application was also filed under Section 5 of the Limitation Act, seeking condonation of delay in filing of the Restoration Application in which the objections were filed by the respondent and in response thereto the reply was also filed.
8. By order dated 08.05.2018, the Tehsildar dismissed the Restoration Application by holding that the petitioners have not filed any mutation application on the basis of the Will dated 20.09.2000 and the Restoration Application is barred by limitation.
9. Thereafter, the petitioners,
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 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 do not confer title, and jurisdiction to decide title issues lies solely with civil courts.
Mutation proceedings are summary in nature and do not decide substantive rights, thus a writ petition is not maintainable.
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
Mutation entries do not confer title and are only for fiscal purposes; disputes over title must be resolved in civil court.
The main legal point established in the judgment is that mutation on the basis of a Will is not maintainable and falls within the domain of the civil court. Revenue authorities have a duty to ensure ....
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