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2025 Supreme(Online)(UK) 361043

HIGH COURT OF UTTARAKHAND
MAHANT OM PRAKASH SHASTRI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

WPMS/ 1530/ 2024

Hon’ble Manoj Kumar Tiwari, J.

Mr. Yogesh Pant, Advocate for the

petitioner.

Mr. K.N. Joshi, Deputy Advocate General

assisted by Mr. Dinesh Bankoti, Brief Holder

for the State.

2. Petitioner has challenged judgment and order dated 10.04.2024 passed by Board of Revenue, Uttarakhand in Revision No. 11 of 2022-23. He has also challenged order dated 19.10.2022, passed by Assistant Collector, 1st Class/Sub Divisional Magistrate, Haridwar in Appeal No. 1 of 2021 and order dated 22.06.2015 passed by Tehsildar, Haridwar in Suit No. 112 of 1986. The judgment and orders impugned herein have been passed in mutation

proceedings

3. Law is well settled that mutation of name in review record neither creates nor extinguishes title. Mutation is done for fiscal purposes only. In the case of Sawarni v. Inder Kaur, reported in (1996) 6 SCC 223, Hon’ble Supreme Court clarified the legal position in the following

words:

“…Mutation of a property in the revenue

record does not create or extinguishes title nor has it any presumptive value on title. It only enables the person

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