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2025 DAILYLAW 116036 (ALL)

ISLAMUDDIN v. ADDL. DISTRICT MAGISTRATE (FINANCE AND REVENUE )SITAPUR AND 2 OTHERS

WRIC/314/2025 · 2025-01-28

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5862 Court No. - 7 Case :- WRIT - C No. - 314 of 2025 Petitioner :- Islamuddin Respondent :- Addl. District Magistrate (Finance And Revenue )Sitapur And 2 Others Counsel for Petitioner :- Vijay Kumar Mishra,Ashutosh Mishra Counsel for Respondent :- C.S.C.,Rajesh Kumar and Case :- WRIT - C No. - 730 of 2025 Petitioner :- Islamuddin Respondent :- Additional District Magistrate(Finance And Revenue) Sitapur And 2 Others Counsel for Petitioner :- Vijay Kumar Mishra,Ashutosh Mishra Counsel for Respondent :- C.S.C.,Rajesh Kumar Hon'ble Pankaj Bhatia,J. 1. Supplementary affidavit filed today in the Court is taken on record. 2. Heard Shri Vijay Kumar Mishra, learned counsel for the petitioner, Shri Rajesh Kumar, learned counsel for respondent No.2 and Shri Rajiv Raman Srivastava, learned counsel for respondent No.3. 3. Both the petitions arise out of a challenge to the appellate order, whereby the appeal preferred against an order of mutation carried out on 26.08.2002 was dismissed. After hearing the parties, what transpires is that in respect of the claims to the properties is Suit Nos.126 of 2022 and 212 of 2022 are pending before the court of competent jurisdiction. The order impugned merely dismissal the appeal in so far as it relates to the claim of the mutation entries. It is well settled that the mutation entries are only taxation entries and do not determine the rights, which have to be determined in the pending suits. 4. In view thereof, both the petitions are disposed of holding that the outcome of the two suits shall determine the mutation entries, which shall be carried out after the suits are decided in accordance with law. 5. It is made clear that based upon these mutation entries, no third party rights can be created. Order Date :- 28.1.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench