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ANAND PATHAK
Geeta Paliwal – Appellant
Versus
Sitaram – Respondent
JUDGMENT
1. With consent, heard finally. The present petition is preferred by petitioners under Article 226 of the Constitution of India, seeking the following reliefs:
(i) A writ of certiorari may kindly be issued to quash order Annexure P-1 passed by respondent no.12.
(ii) A writ of certiorari may kindly be issued to quash order Annexure P-2 passed by respondent no.11.
(iii) A writ of certiorari may kindly be issued to quash order Annexure P-3 passed by respondent no. 10.
(iv) An appropriate writ or order may kindly be issued dismissing the application filed by respondent no.1 to 9 for mutation (Annexure P-4) since the same is without jurisdiction.
(v) An appropriate writ or order may kindly be issued condoning the delay in filing of the appeal filed by petitioners before respondent no.ll by allowing the application for condonation of delay (Annexure P-10).
(vi) Cost of this petition may kindly be awarded to the petitioners.
(vii) Any other relief which this Honble High Court deems fit in the facts and circumstances of the case may also kindly be granted.
2. Precisely stated facts of the case are that respondent no.1 submitted an application for mutation in respect of the properti
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 ....
The Revenue Court has no jurisdiction to decide the genuineness of a Will, and only the Civil Court can determine the genuineness of a Will.
Mutation proceedings under the Land Revenue Act are summary in nature and do not confer title; aggrieved parties must seek resolution in civil courts.
(1) Mutation – There is no bar for seeking mutation based on a Will – However, in a case of serious dispute regarding validity/genuineness of Will, appropriate course for parties would be to approach....
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....
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