Neutral Citation No. - 2025:AHC-LKO:25799 Court No. - 7 Case :- WRIT - B No. - 403 of 2025 Petitioner :- Mohammad Shareef Khan Respondent :- Board Of Revenue, U.P., Lucknow Thru. Chairman And Others Counsel for Petitioner :- Ram Prasad Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, notice to the private respondents is hereby dispensed with. By means of the present petition, the petitioner has prayed for following main relief(s) :- "i. issue a writ, order or direction in the nature of certiorari quashung the impugned orders dated 14.3.2023 and 4.10.2002 Mention in An.1 passed by the opp. party no. 1 And 2 as contained in Annexure no. 1 to this writ petition in the interest of justice. ii. issue a writ, order or direction in the nature of mandamus commanding the oopp. parties concerned not to interfere in the peaceful possession of the land in question in the interest of justice." Vide impugned order dated 14.03.2023, the opposite party No.1/Board of Revenue, U.P., Lucknow dismissed the revision registered as Revision No. REV/1339/2009-2010/Shrawasti, Computerized Case No. R201019810040497 (Mohammad Shareef Khan vs. Naib Tehsildar and others), under Section 219 of U.P. Land Revenue Act, 1901 (in short "Act of 1901") and affirmed the order dated 04.10.2002 passed by the respondent No. 2/Naib Tehsildar, Bhinga, District- Shrawasti in Mutation Case No. 27/1033, under Section 34 of the Act of 1901. 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 Section 40A of the U.P. Land Revenue Act, 1901, (now repealed) as also Section 39 of U.P. Revenue Code, 2006, which is applicable w.e.f. 11.02.2016, makes it clear that no mutation order shall debar any person from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 and also that the dispute in issue i.e. genuineness/validity of sale deed dated 17.05.2002, basis of impugned order, could be decided 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 institute a regular suit for their 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 petition is disposed of. Order Date :- 5.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench