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HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
Puskar Singh – Appellant
Versus
Additional Commissioner, Kumaon – Respondent
| Table of Content |
|---|
| 1. petition challenges revenue orders after sale mutation. (Para 1 , 2) |
| 2. registered sale deed validates title mutation. (Para 3) |
| 3. fraudulent mutation invalid absent partition. (Para 4) |
| 4. mutation summary fiscal only no title. (Para 5 , 6 , 7) |
| 5. writ dismissed seek civil court remedy. (Para 8) |
JUDGMENT :
Pankaj Purohit, J.
This writ petition has been filed under Article 227 of the Constitution of India, whereby the petitioner has put to challenge the order dated 24.04.2014, passed by learned Additional Commissioner, Kumaon Division, Nainital and order dated 14.06.2010, passed by learned Collector, Nainital.
2. Facts of the case in brief are that the petitioner purchased the land in dispute through registered sale deed dated 04.12.2006 from respondent no.6 i.e., Dayakishan. The land in dispute i.e., Khata Khatoni No.00031 admeasuring 0.8220 hectares originally belonged to Shree Vishan Dutt and after his death was entered in the name of his five sons who got 1/5th share of the property. The petitioner purchased the share of Dayakishan by a registered sale deed and thereafter taking possession on the purchased land moved an application for mutation before learned Tehsilda
Mutation proceedings under Land Revenue Act are summary, entries serve only fiscal purposes and do not confer title. Writ against such orders not maintainable; title disputes to be adjudicated by civ....
The dismissal of suits filed by the respondents influenced the court's decision to quash the order staying the mutation entry in favor of the petitioner.
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
Mutation proceedings are summary in nature, and existing entries indicating ownership should not be disturbed without substantial evidence, reaffirming the presumption of ownership based on prior rec....
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.
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