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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