Court No. - 19

Case :- WRIT - C No. - 21661 of 2022

Petitioner :- Thakur Prasad Tiwari And Another

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Viveka Nand Rai

Counsel for Respondent :- C.S.C.

Hon'ble Prakash Padia,J.

1. Heard learned counsel for the petitioners and learned Standing Counsel for

respondent Nos.1 to 4.

2. This writ petition has been filed assailing the revisional order dated

12.05.2022 passed by respondent No.2/Commissioner Division Varanasi in

Revision No.00628 of 2022 as well as appellate order dated 31.07.2020 passed

by respondent No.3/Sub Divisional Officer, Madiyahu Jaunpur in Appeal

No.07111 of 2018. Both the orders were arisen out from the mutation

proceedings.

3. Learned Standing Cunsel submitted that no writ petition lies against summary

proceedings and in the present case mutation proceedings had been contested by

the petitioners 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. an