Neutral Citation No. - 2025:AHC-LKO:26629 Court No. - 7 Case :- WRIT - B No. - 415 of 2025 Petitioner :- Avinash Pratap Singh And 5 Others Respondent :- Board Of Revenue, U.P., Lko. Thru. Chairman And 3 Others Counsel for Petitioner :- Aviral Srivastava Counsel for Respondent :- C.S.C.,Rayees Ahmad Khan Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. By means of the present petition, the petitioners have prayed for following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the order dated 19.03.2025 passed be Learned Member Board of Revenue Lucknow in Case No. REV/438/2022/GONDA and Computerized Case No. C2022083000438 Kamla Devi vs Vindhwashni under section 210 U.P.L.R Act 2006 contained as annexure no. 1 and remand the matter back in the interest of Justice." Vide impugned order dated 19.03.2025, the opposite party No.1/Board of Revenue, U.P., Lucknow allowed the revision registered as Revision No. REV/438/2022/Gonda, Computerized Case No. R2022083000438 (Kamla Devi vs. Vindhwashni), under Section 210 of U.P. Revenue Code, 2006 (in short "Code of 2006") and set-aside the order dated 20.01.2022 passed by the respondent No. 2/Naib Tehsildar, District- Gonda in Mutation Case No. 147/2014, Computerized Case No. T201408300400157, under Section 34/35 of the Code of 2006. 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 Section 40A of the U.P. Land Revenue Act, 1901, (now repealed) as also Section 39 of U.P. Revenue Code, 2006, which is applicable w.e.f. 11.02.2016, makes it clear that no mutation order shall debar any person from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 the facts of the case including that respondent No. 4/Vindhwashni d/o Satendra Kant Singh w/o Madan Pratap Singh executed a sale deed dated 05.11.2014, whereby she transferred her share in Khata No. 21, Gata No. 273/1.619 hectare situated at Village- Devtaha, Pargana, Tehsil and District- Gonda and based upon this sale deed the order dated 20.01.2022, favourable to the respondent No. 3/Smt. Kamla Devi, was passed in Mutation Case No. 147/2014 (Smt. Kamla Devi vs. Vindhwashni) and the genuineness of the sale deed dated 05.11.2014 can be adjudicated by the trial court in the suit filed by the petitioners pending as Regular Suit No. 2415 of 2014 in the court of Civil Judge (Junior Division), Gonda 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 pursue the said suit pending before Civil Judge (Junior Division), Gonda. 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 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 :- 7.5.2025 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