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2025 DAILYLAW 113370 (ALL)

BHAGWAT AND 8 OTHERS v. STATE OF U.P. AND 10 OTHERS

WRIC/43334/2024 · 2025-04-09

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53164 Court No. - 35 Case :- WRIT - C No. - 43334 of 2024 Petitioner :- Bhagwat And 8 Others Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- H.K Asthana,Harish Kumar Tripathi Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This 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 28.03.2023 passed by the respondent No.2 in Revision the case No.879/497/2007-08, (Com. Case No.C200805 0000789) (Bhagwat and others Vs. Deep and others) and order dated 23.06.2008 passed by respondent NO.3 in appeal case No.145 (Deep Vs. Bhagwat and others)." 3. Order impugned in the writ petition was passed in proceedings u/s 34 of the U.P. Revenue Code, 2006 i.e. mutation proceedings. Mutation proceedings are summary in nature and only for the fiscal purposes and do not decide the rights of the parties. 4. 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. 5. Accordingly, the writ petition is disposed of with liberty to the petitioners to establish their right in a declaratory suit as provided under the provisions of U.P. Revenue Code, 2006. 6. Needless to say that the finding recorded by the mutation Court will not be binding in a litigation on a regular side. Order Date :- 10.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad