Neutral Citation No. - 2025:AHC:79727 Court No. - 35 Case :- WRIT - C No. - 34626 of 2024 Petitioner :- Ali Anwar Naqvi Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Digvijay Singh,Sudhir Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for the following relief:- " A. Issue, a writ, Order or direction in the nature of Certiorari' quashing the impugned order dated 12.02.2024 (Annexure no.1) Passed by Commissioner, Moradabad and Order dated- 20.10.2023 (Annexure no.2) Passed by Teshildar, (judicial) Teshil & District- Moradabad,, to this writ petition." 3. Succession involved in the present case is of the property left by Syed Sarvar Ali Naqvi son of Asgar Ali Naqvi. The respondent nos.4 and 5 claimed the succession to the property on the basis of a registered will executed by Syed Sarvar Ali Naqvi and filed a mutation application and the same was allowed. The petitioner claims himself to be the brother's son of deceased Syed Sarvar Ali Naqvi. The mutation court has found the will to be genuine and it was directed that name of respondent nos.4 and 5 be recorded in the revenue records in place of Syed Sarvar Ali Naqvi. Revision filed by the petitioner has also been dismissed. 4. It has been contended by learned counsel for the petitioner that the petitioner who is the brother's son has filed a suit being Original Suit No.131 of 2020 for cancellation of will and according to the petitioner, the said suit is pending. The will, which has been executed in favour of the respondent nos.4 and 5 unless cancelled, the petitioner has no right in the property in dispute and the courts below have rightly directed for mutation of the name of the respondent no.4 and 5. 5. Mutation proceedings are summary in nature and only for the fiscal purposes and do not decide the rights of the parties. In view of judgment passed in case of Smt. Kalawati vs. Board of Revenue reported in 2022 4 ADJ 578, I am not inclined to interfere in the matter. 6. In case, petitioner succeeds in getting this will executed in favour of the respondent nos.4 and 5 declared null and void then the rights which will flow will not be affected by the orders passed by the mutation court. 7. With these observations, the writ petition is disposed of. Order Date :- 15.5.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad