PANKAJ MITHAL
VINOD KUMAR RAJBHAR – Appellant
Versus
STATE OF U. P. – Respondent
Hon’ble Pankaj Mithal, J.—Heard learned counsel for petitioner.
2. It appears that on an application filed under Section 33/39 of the U.P. Land Revenue Act, an order was passed by the Up Ziladhikari on 25.2.1997 directing for deleting the name of Bal Roop son of Dharm Dev against Khata No. 151 plot No. 1 area 3-3-6 and for recording the names of Shiv Lochan and Shiv Govind both sons of Sarjoo.
3. Petitioner on 17.1.2008 applied for recall of the above order on the ground that he has acquired rights in the land in dispute on the basis of a registered Will alleged to have been executed and left behind by Bal Roop. The said application has been rejected and the petitioner’s revision has also been dismissed.
4. In sum and substance, the writ petition arises out of mutation proceedings/correction of revenue entries.
5. The law is well-settled that:
(i) mutation proceedings are summary in nature wherein title of the parties over the land involved is not decided;
(ii) mutation order or revenue entries are only for the fiscal purposes to enable the State to collect revenue from the person recorded;
(iii) they neither extinguish nor create title;
(iv) the order of mutation does not
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