Neutral Citation No. - 2025:AHC-LKO:28196 Court No. - 7 Case :- WRIT - C No. - 559 of 2025 Petitioner :- Keshav Ram And Another Respondent :- Addl. Commissioner Administration Ayodhya And Ors Counsel for Petitioner :- Surendra Kumar Mishra,Ajay Kumar Chuabey,Prabhat Kumar Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard Sri Prabhat Kumar, learned counsel for the petitioners and Sri Hemant Kumar Pandey, learned State counsel. In view of order proposed to be passed, notice to the private respondent(s) is hereby dispensed with. By means of the instant petition, the petitioner has prayed for following main relief(s) :- "(a) Issue a writ, order or direction in the nature of certiorari quashing the Impugned order dated 02.03.2020, the Impugned order dated 20.10.2009 passed by the Additional Commissioner, Ayodhya Division, Ayodhya and Impugned Order dated 17.02.2004 passed by the Naib Tehsildar, Tehsil- Milkipur, Ayodhya, as contained in ANNEXURE NOs. 4, 6 and 7respectively to this writ petition. (b) Issue a writ, order or direction in the nature of mandamus restraining the the Opposite Party Nos. 4 & 5 not to interfere in the peaceful possession of the petitioner." The subject matter of the present petition relates to mutation proceedings. It is to be noted that the mutation proceedings are summary in nature and they do not decide any right or title between the parties; rather they are drawn only for fiscal purposes. Furthermore, the order passed in mutation proceedings are always subject to declaration of rights which may be sought by the parties concerned by instituting a regular suit. Section 40A of the U.P. Land Revenue Act, 1901, (now repealed) as also Section 39 of U.P. Revenue Code, 2006, which is applicable w.e.f. 11.02.2016, makes it clear that no mutation order shall debar any person from establishing his rights in the land by means of a regular suit. Mutation of a property in revenue record does not create or extinguish title nor has it any presumptive value on title. It only enables the person in whose favour mutation is ordered to pay the land revenue. The mutation proceedings do not adjudicate the rights of the parties and orders passed in mutation proceedings are always subject to adjudication by competent Court. Considered the aforesaid and also the following facts of the case:- (a) The application to condone the delay in preferring the application dated 15.02.1996 for recalling the order dated 31.10.1986 passed in mutation case has not been placed on record to ascertain as to whether delay was properly explained. (b) This petition challenging the impugned order dated 02.03.2020 was presented in the Registry of this Court on 08.01.2025 i.e. with a delay of about 5 years and latches in approaching this Court have not been explained properly. (c) The genuineness of 'Will', basis of claim of the petitioners, can be adjudicated in regular proceedings and not in mutation proceedings. (d) The petitioners are not the close relative of testator of 'Will' namely Bhagwandeen. (e) The order impugned dated 17.02.2004, whereby, the respondent No. 2/Naib Tehsildar, Milkipur, District- Ayodhya recalled its order dated 31.10.1986, indicates that the same was recalled on an application preferred by Dhanpati claiming herself to be the daughter of Bhagwandeen, testator of 'Will'. Upon due consideration of the aforesaid including that the genuineness/validity of 'Will' in issue can be adjudicated in regular proceedings by adducing appropriate evidence and not in summary proceedings i.e. mutation proceedings, I am not inclined to entertain this petition, which is disposed of with liberty to the petitioners to press/pursue the regular proceedings before appropriate Court/Forum. It is made clear that this Court has not considered the merits of the case, as such, it is expected that the concerned authority/court would pass the order(s) after due consideration of the facts of the case and the evidence adduced by the parties as also the law on the issue involved. With the aforesaid observations, the petition is disposed of. Order Date :- 14.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench