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IN THE HIGH COURT OF ALLAHABAD
SYED QAMAR HASAN RIZVI, J.
Amritansh Pandey – Petitioner
Versus
State of Uttar Pradesh and Others – Respondents
Writ (B) No. 2620 of 2023
Decided On : 02-08-2023
Constitution of India,1950 - Article 226 - U.P. Revenue Code 2006 - Section 35 - Mutation application - Will - Revenue records of property - Succession - Whether to entertain writ petition or not depending upon the facts and circumstances of each particular case - Held, It is well settled that orders for mutation are passed on basis of possession of parties and since no substantive rights of parties are decided in mutation proceedings, ordinarily Writ Courts decline to entertain writ petition as not entertainable in respect of orders passed in mutation proceedings, unless found to be totally without jurisdiction or contrary to title already decided by competent court - As no substantive rights of parties have been decided or are likely to be decided in mutation proceedings, no case for exercise of extra-ordinary writ jurisdiction under Article 226 of Constitution of India is made out - Needless to say, it is always open to petitioner to get his rights/title in respect of land in question be crystallised by competent Civil Court - Writ petition is disposed of
JUDGMENT :
SYED QAMAR HASAN RIZVI, J.
1. Heard Shri Sudhanshu Pandey, learned counsel for the petitioner, Shri Sudhir Bharti, learned counsel for respondent No. 5, Shri Pankaj Kumar, learned Standing Counsel for respondents No. 1 to 4 and Shri R.C. Singh, learned Senior Advocate assisted by Shri Arvind Kumar Shukla, learned counsel for respondent No. 6.
2. The present writ petition has been filed seeking the following reliefs:
(B) Issue a writ, order or direction in the nature of Mandamus commanding the Respondent No. 4, Nayab Tehsildar Padrauna District Kushinagar to mutate/record the name of the petitioner on the basis of a registered Will dated 24.06.2010 in place of Sri Upendra Mani.
(C) Issue any writ, order or direction which this Hon’ble Court may deem fit and proper in the present circumstances of the case,
(D) Award the cost of the petition.”
3. The factual matrix of the case in brief is that one Shri Upendra Mani executed a Will deed dated 24.06.2010 which was registered on 23.07.2010 in favour of the Petitioner.
4. After the death of the aforesaid testator on 11.07.2017, the petitioner filed a mutation application dated 13/18.07.2017, which was registered as Case No. 3772/2017 under section 35 of the Uttar Pradesh Revenue Code, 2006. It is contended by the petitioner that while the aforesaid mutation proceeding was pending, the name of respondent No. 6, on the basis of succession, was recorded/mutated in the revenue records of the property vide order dated 17.08.2017. Thereafter, the petitioner filed a recall application before the Nayab Tehsildar, who vide order dated 30.12.2019 stayed the aforesaid Order dated 17.08.2017.
5. In the aforesaid case of mutation, being Case No. 3772/2017, respondent No. 6 filed objections and raised serious objections against the genuineness of the above mentioned registered Will. The Nayab Tehsildar, Padrauna, District Kushinagar vide order dated 07.02.2020, found the aforesaid Will deed to be unacceptable and thereby affirmed the earlier order dated 17.08.2017 in favour of respondent No. 6.
6. Aggrieved by the aforesaid order dated 07.02.2020 passed by the Nayab Tehsildar-respondent No. 4, the petitioner filed an appeal before the Sub-Divisional Officer, Kasya District, Kushinagar-respondent No. 3, who by a detailed order 12.04.2021 dismissed the said Appeal. Thereafter, the petitioner preferred a Revision bearing REV/1063/2021/Kushinagar under Section 210 of the Uttar Pradesh Revenue Code, 2006 before the Board of Revenue, Uttar Pradesh The Board of Revenue dismissed the said Revision by passing a detailed order dated 30.06.2023.
7. Being aggrieved by the orders dated 30.6.2023, 12.4.2021 and 7.2.2020, the petitioner has preferred the present writ petition invoking the extra-ordinary jurisdiction of the Writ Court under Article 226 of the Constitution of India.
8. The main ground raised by the petitioner in the present writ petition is that the revenue authorities have exceeded their jurisdiction by disbelieving the genuineness of the registered Will deed. The contention of the learned counsel for the petitioner is that when the competent court has not cancelled the Will, the revenue authorities ought to have believed in the genuineness of the Will deed.
9. To establish the genuineness of the aforesaid Will deed, the learned counsel for the petitioner drew the attention of this Court to the copy of the plaint bearing Case No. 435/2011 as contained in Annexure No. 2 to the writ petition, said
The rule of exhaustion of statutory remedies has been held to be a rule of policy, convenience and discretion and existence of an alternate remedy would not divest the High Court of its powers under ....
Mutation entries do not confer title and are only for fiscal purposes; disputes over title must be resolved in civil court.
Mutation proceedings under the Land Revenue Act are summary in nature and do not confer title; aggrieved parties must seek resolution in civil courts.
Mutation proceedings under the U.P. Land Revenue Act are summary in nature and do not confer title or extinguish rights. The only way to establish title is through a regular suit for declaration.
Mutation entries do not impact the title of the parties, and orders passed by mutation courts are subject to the result of regular proceedings.
Mutation proceedings do not confer title, and substantive rights must be established in a competent civil court.
The main legal point established in the judgment is that mutation proceedings are administrative in nature and do not determine the rights or interest of the parties. The right or title in the proper....
Point of Law : This is not a fit case where any of the exceptions stands attracted requiring interference in exercise of powers under Article 226 of the Constitution of India.
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