Neutral Citation No. - 2025:AHC-LKO:26277 Court No. - 7 Case :- WRIT - C No. - 4348 of 2025 Petitioner :- Sandeep Kumar And Another Respondent :- State Of U.P. Thru. Commissioner, Lko. Division, Lko. And 3 Others Counsel for Petitioner :- Mohammad Aslam Beg Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. 1) Heard learned counsel for the petitioners 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 writ, order or direction in the nature of CERTIORARI quashing the revisional order dated 25-02-2025 passed by learned opposite no.1 i.e., Commissioner Lucknow Division Lucknow passed in revision no. 3562/2024 computerized case No. C-20240000003562 Sandeep Kumar and other Versus Smt. Abbasiya Malik under section 210 Land Revenue Code-2006, and appellate order 15-07-2024 passed by Learned opposite party No.2 in case No. 01312/2018 computerized case No. T201810460101312 Smt. Kisana and other Versus Smt. Abbasiya Malik under section 207 Land Revenue Code-2006 and order dated 21-06-2018, 30-05-2018 passed by learned opposite no.3 passed in Case No. T2017104639012080 under section-34 Land Revenue Code-2006 Abbasiya Malik Versus Chand Kishore contained in ANNEXURE NO.1, 2,3 and 4 to this writ petition respectively. II. Stay the operation and implementation of the revisional order dated 25- 02-2025 passed by learned opposite no.1 passed in revision no. 3562/2024 and appellate order 15-07-2024 passed in case No. 01312/2018 computerized case No. T201810460101312 and order dated 21-06-2018, 30-05-2018 passed by learned opposite no.3 passed contained in ANNEXURE NO.1, 2,3 and 4 to this writ petition respectively. III. Issue any other order or direction to the opposite party no.4 to maintain status quo, not alienate the property or create third party interest of the property in dispute relating Khasra No. 421 Area 0.1900H, Khasra No 422 Area 1-1900 H Khasra No.425 area 0.2910H Khasra No.429 area 0.2020H total 4 gatas area 0.8730H situated Village Malihabad District- Lucknow." 4) The subject matter of the present petition relates to mutation proceedings. 5) The claim of the side opposite is based upon the registered sale deed dated 15.12.2017 and based upon the same the impugned order(s) have been passed arising out of mutation case, genuineness of which can only be adjudicated before the regular Court, which has already been instituted pending as Original Suit No. 15 of 2018 (Chandra Kishore Vs. Abbasiya Malik) in the Court of Civil Judge (Junior Division), Hawali, Lucknow. 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 validity/genuineness of registered sale deed dated 15.12.2017, which cannot be adjudicated in the mutation proceedings as also that the Original Suit No. 15 of 2018 (Supra) for seeking decree of cancellation of sale deed dated 15.12.2017 is pending consideration, I am not inclined to interfere in this petition, which is disposed of with liberty to the petitioner to pursue the said regular suit for their rights over the property in dispute. 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, 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 :- 6.5.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench