Neutral Citation No. - 2025:AHC-LKO:20652 Court No. - 7 Case :- WRIT - C No. - 3492 of 2025 Petitioner :- Smt. Saroj Kumari And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Sunny Sharma,Aditya Prakash Sharma Counsel for Respondent :- C.S.C.,D.P. Dutt Tiwari,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners, Sri Hemant Kumar Pandey, learned State counsel appearing for the State-respondents and perused the record. In view of the order proposed to be passed, notice to private-respondent(s) is hereby dispensed with. By means of the present petition, the petitioner has prayed for following main relief(s) :- "I) To, issue a writ, order or direction in the nature of Certiorari, thereby, quashing the impugned order dated 24.08.2021 (Annexure No.17) passed by the Tahsildar, Mohanlalganj (Respondent No.4) in Case No. 2523 of 2017 (Computerized Case No. T2017104639032523) under section 33(b) of the Uttar Pradesh Revenue Code, 2006, in favour of the petitioners, in the interest of justice. II) To, issue a writ, order or direction in the nature of Certiorari, thereby, quashing the impugned order dated 01.12.2022 (Annexure No.18) passed by the Sub-Divisional Magistrate, Mohanlalganj (Respondent No.3) in Appeal No. 20565 of 2021 (Computerized Case No. T202110460320565) under section 35(2) of the Uttar Pradesh Revenue Code, 2006, in favour of the petitioners, in the interest of justice. III) To, issue a writ, order or direction in the nature of Certiorari, thereby, quashing the impugned order dated 27.01.2025 (Annexure No.19) passed by the Additional Commissioner (Administration) (Respondent No.2) in Revision No. 3009 of 2022 (Computerized Case No. C202210000003009) under section 210 of the Uttar Pradesh Revenue Code, 2006, in favour of the petitioners, in the interest of justice." Vide impugned order 27.01.2025, the respondent no.2 dismissed the revision challenging the order(s) dated 01.12.2022 and 24.08.2021, passed by opposite party No.3 and opposite party no.4, respectively, in the case instituted under U.P. Revenue Code, 2006 (in short "Code of 2006") Thus, the subject matter of the present application 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 the Code of 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. Considering the aforesaid as also the fact that case/claim of the petitioner is based upon registered 'Will' dated 06.09.2016 genuineness of which could not be adjudicated in mutation proceedings, as also other factual issues involved including the case of side opposite is based upon sale deed dated 02.08.2018, validity of which could be adjudicated in regular proceedings, I am not inclined to entertain 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. With the aforesaid observations, the application is disposed of. Order Date :- 11.4.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench