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2025 DAILYLAW 129343 (ALL)

RAM DHANI v. ADDL. COMMISSIONER (JUDICIAL), DIVISION AYODHYA, AMETHI AND OTHERS

WRIC/2756/2025 · 2025-03-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16541 Court No. - 7 Case :- WRIT - C No. - 2756 of 2025 Petitioner :- Ram Dhani Respondent :- Addl. Commissioner (Judicial), Division Ayodhya, Amethi And Others Counsel for Petitioner :- Chhaya Tripathi Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. By means of the present petition, petitioners have challenged the order dated 08.11.2024 passed by the respondent No.1/Additional Commissioner (Judicial), Division- Ayodhya, District – Amethi in Revision/Case No.2863 of 2023 as Computerized Case No.C202304000002863 (Ramdhani Vs. Shobhawati) instituted under Section 219 of the U.P. Land Revenue Act, 1901 (in short "Act of 1901"). Vide impugned order 08.11.2024, the respondent no.1 dismissed the revision challenging the order dated 01.12.2023 passed by respondent no.5 in mutation Case No. 03992/2019 under Section 34 of U.P. Land Revenue Act, 1901 (in short 'Act 1901'), whereby the respondent no.5 dismissed the case in which the initial order was passed on 10.06.1996 in favour of opposite party no.2 and 3 namely Shobhawati and Suman, daughter of Rampati and recorded tenure holder Ram Kumar. Thus, 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 Section 40A of the U.P. Land Revenue Act, 1901, (now repealed) as also Section 39 of U.P. Revenue Code, 2006, which is applicable w.e.f. 11.02.2016, make it clear that no mutation order shall debar any person from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. Considering the aforesaid as also that the issue involved in this petition i.e. the issue related to validity/genuineness of succession requires proper adjudication, I am not inclined to interfere in this petition, which is disposed of with liberty to the petitioner to institute a regular suit for his rights over the property in dispute 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, if suit is filed, 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. Order Date :- 21.3.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench