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Neutral Citation No. - 2025:AHC-LKO:24123 Court No. - 7 Case :- WRIT - C No. - 4004 of 2025 Petitioner :- Indu Singh Respondent :- Collector, Sultanpur And 8 Others Counsel for Petitioner :- Udai Pratap Lal Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. 1) Heard learned counsel for the petitioner and Sri Hemant Kumar Pandey, learned Standing Counsel appearing for the State and perused the records. 2) In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. 3) The instant petition has been preferred seeking following main relief(s):-
"(i) issue a order or direction in the nature of certiorari to quash order dated 4.3.2024 and 20.05.2025 which is contained as Annexure 1 to this petition." 4) The subject matter of the present petition relates to mutation proceedings. 5) The impugned order(s) have been passed after considering the fact that the one Doodhnath Singh, father of the petitioner, expired prior to death of his father namely Ram Ratan Singh, recorded tenure holder, and mother of the petitioner namely Gaya Deyee solemnized married with one Bam Bahadur Singh as also Section 171 of U.P.Z.A. & L.R. Act 1950 (in short 'Act of 1950'), as applicable on relevant time. 6) 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sought by the parties concerned by instituting a regular suit. 7) Section 40A of the U.P. Land Revenue Act, 1901, (now repealed) as also Section 39 of U.P. Revenue Code, 2006, which is applicable w.e.f.
2 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. 8) 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.
9) Considering the aforesaid as also that the issue involved in this petition i.e. the issue related to Section 171 of Act of 1950, which cannot be adjudicated in the mutation proceedings, I am not inclined to interfere in this petition, which is disposed of with liberty to the petitioner to file a regular suit for her rights over the property in dispute before appropriate Court/Forum. 10) 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. 11) With the aforesaid observations, the petition is disposed of. Order Date :- 28.04.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench