Neutral Citation No. - 2025:AHC:110709 Court No. - 34 Case :- WRIT - C No. - 35557 of 2024 Petitioner :- Devendra Singh And 3 Others Respondent :- Commissioner, Division - Meerut And 4 Others Counsel for Petitioner :- Dhananjay Pundir,Sanjay Kumar Pundir Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Rohit Ranjan Agarwal,J. 1. This is a dispute relating to the mutation of name in the revenue records between the petitioners and respondent no. 4. Earlier, mutation application was allowed. After the revision being filed by contesting respondent the matter was remitted. Petitioners claim that this is a successive case of remand by the revisional court to the court of Tehsildar for deciding the mutation application on the basis of Will in question claimed by both the parties. According to learned counsel for petitioners, the Will on which his clients had relied is a registered Will and was executed subsequent in time. 2. Learned Standing Counsel as well as learned counsel appearing for Gaon Sabha have raised a preliminary objection as to the maintainability of writ petition under Article 226 of the Constitution of India on the ground that proceedings under Section 34 are summary in nature and against the same writ petition is not maintainable. Reliance has been placed upon the decision of coordinate Bench of this Court rendered in case of Smt. Kalawati Vs. Board of Revenue and others, Writ-B No. 295 of 2022, decided on 5.4.2022. 3. I have heard learned counsel for respective parties and perused the material on record. It is an admitted fact that present writ petition arises out of summary proceedings under Section 34 of U.P. Revenue Code, 2006. Section 39 of Code of 2006 provides for filing of declaratory suit in respect of proceedings under Section 33/34/35 and 38. The coordinate Bench of this Court laid out exception in paragraph no. 40 of the judgment rendered in case of Smt. Kalawati (Supra) as to the maintainability of writ petition under Article 226 of the Constitution of India. Present writ petition does not fall in any of the exceptions enumerated in the aforesaid judgment. 4. Writ petition lacks merit and stands dismissed. However, the remand court shall proceed in the matter as expeditiously as possible. Order Date :- 10.7.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad