Court No. - 32

Case :- WRIT - C No. - 16362 of 2021

Petitioner :- Subash

Respondent :- State Of U.P. And 8 Others

Counsel for Petitioner :- Amar Singh Yadav

Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

Hon'ble Rohit Ranjan Agarwal,J.

1. Heard Sri B.K. Tripathi, learned counsel appearing for Gaon

Sabha.

2. This writ petition has been filed assailing the appellate order

dated 16.12.2020 as well as objection filed under Section 35(2)

of the U.P. Revenue Code, 2006 which has been rejected by the

respondent no.4 in mutation proceedings.

3. Sri Tripathi, learned counsel appearing for Gaon Sabha

submitted that no writ petition lies against summary

proceedings and in the present case mutation proceedings had

been contested by the petitioner till the stage of revision and no

writ petition lies against the order of revisional authority and

the only relief can be claimed by filing a regular suit for

declaration of title. Reliance has been placed upon a decision of

this Court in case of Mathura Vs. State of U.P. and others,

2012 (4) AWC 3825. Learned Standing Counsel further submits

that as the mutation proceedings are summary in nature,

petitioner has