Neutral Citation No. - 2023:AHC:145946

Court No. - 49

Case :- WRIT - B No. - 2552 of 2023

Petitioner :- Sushil Kumar

Respondent :- Board Of Revenue And 13 Others

Counsel for Petitioner :- Dharm Vir Jaiswal,Harsh Vikram

Counsel for Respondent :- C.S.C.,Arun Kumar Pandey,Gaurav Singh

Hon'ble Syed Qamar Hasan Rizvi,J.

1. Heard Sri Dharm Vir Jaiswal, learned counsel for the petitioner, Sri Awadhesh

Kumar Patel, learned standing counsel for the State-respondent nos. 1, 2, 3 &

14, Sri Gaurav Singh, learned counsel appearing on behalf of the respondent

nos. 4 to 11 and Sri Dinesh Kumar Tiwari, Advocate holding brief of Sri Arun

Kumar Pandey, learned counsel for the Gaon Sabha / respondent no. 12.

2. The present writ petition has been filed seeking a writ in the nature of

certiorari to quash the order dated 28.9.2021 passed by the Deputy Collector,

Tehsil & District Moradabad (respondent no. 3), the order dated 20.12.2021

passed by the Commissioner, Moradabad Division, Moradabad (respondent no.

2) and also the order dated 7.6.2023 passed by the learned Board of Revenue

(respondent no. 1).

3. By means of the impugned order dated 7.6.2023, learned Board of Revenue

has dismissed the second appeal on the ground that the genuineness of the

adoption deed which is the basis of the claim of the petitioner is already under

challenge before the competent civil court and the revenue courts have no

jurisdiction to decide the genuineness and validity of the said adoption deed

which can only be adjudicated by the competent civil court.

4. The pendency of the civil suit is not disputed by the parties.

5. It is settled proposition of law as has been settled by the Hon'ble Supreme

Court in a recent judgment of Jitendra Singh Vs. State of Madhya Pradesh &

others 2022 (1) AWC 231 (SC) that if there is any dispute with respect to the

title and more particularly when the mutation entry is sought to be made on the

basis of any such document such as Will, adoption deed etc., the party who is

claiming title/right on the basis of the Will has to approach the appropriate civil

court/court and get his rights crystallised and only thereafter on the basis of the

decision by the civil court necessary mutation entry can be made.

6. At this stage, this Court does not find any reason to interfere in the impugned

order dated 7.6.2023.

7. In view of the aforesaid, the writ petition is accordingly dismissed.

Order Date :- 21.7.2023

Arif

Digitally signed by :-

MOHAMMAD ARIF

High Court of Judicature at Allahabad