Neutral Citation No. - 2025:AHC-LKO:25335 Court No. - 7 Case :- WRIT - C No. - 4189 of 2025 Petitioner :- Usha Devi And Others Respondent :- District Magistrate, Sultanpur And Others Counsel for Petitioner :- Udai Pratap Lal Counsel for Respondent :- C.S.C. 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, writ, order or direction in the nature of certiorari to quash order dated 12.03.2024 (Case No. 372/243/2011-12 Computer No. T201104683174 Savitri Devi Vs. Sharda Prasad) and 10.03.2025 (Case no. 1244/2024 Computer No. D202404680001244 Usha Devi & others Vs. Ram Sawari and others) which contained as Annexure No. 1 to this writ petition." 4) The subject matter of the present petition relates to mutation proceedings. 5) After considering the fact that the one Sharda Prasad, father of the petitioner no.1, executed two 'Will(s)' i.e. "Will' dated 25.08.2008 and 'Will' dated 31.05.2010, and also the fact that the 'Will' dated 25.08.2008 has been proved, the impugned orders have been passed including the order dated 10.03.2025 passed in the mutation case. 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sought by the parties concerned by instituting a regular suit. 7) Section 40A of the U.P. Land Revenue Act, 1901, (now repealed) as also Section 39 of U.P. Revenue Code, 2006, which is applicable w.e.f. 11.02.2016, make it clear that no mutation order shall debar any person from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 genuineness of 'Will' dated 25.08.2008 and 'Will' dated 31.05.2010, 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 :- 2.5.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench