Neutral Citation No. - 2025:AHC-LKO:27891 Court No. - 7 Case :- WRIT - B No. - 429 of 2025 Petitioner :- Sheo Kumar Respondent :- Board Of Revenue U.P., Lko. Thru. Chairman And 2 Others Counsel for Petitioner :- Som Kartik Shukla,Priyadarshi,Ravi Kant Shukla Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard Sri Som Kartik Shukla, learned counsel for the petitioner, Sri Hemant Kumar Pandey, learned State counsel appearing for the respondent No. 1/Board of Revenue, Uttar Pradesh, Lucknow and Sri Suresh Chandra Shukla, Advocate, who has filed Vakalatnama on behalf of the private-respondent No. 3/Smt. Geeta in the Court today, which is taken on record. By means of the instant petition, the petitioner has prayed for following main relief(s) :- "(i) To issue a writ, order or direction in the nature of certiorari quashing orders dated 02.02.2022 (Annexure-1) and 22.01.2025 (Annexure-2) passed by the Board, after summoning the record." The subject matter of the present petition relates to mutation proceedings. The claim of the petitioner, nephew of Ram Avtar, is based upon the unregistered 'Will' dated 20.05.1977 executed by Ram Avtar. The claim of the private- respondent No. 3/Smt. Geeta is based upon the unregistered 'Will' dated 18.11.1996 executed by Jagrana widow of Ram Avtar and Jagrana also transferred the property/land in dispute to two persons namely Teekaram (Scheduled Caste category) and Om Prakash (Other Backward Classes category) through sale deed(s) dated 08.09.1983. Subsequently, Teekaram executed a sale deed dated 19.11.1999 in favour of one Chedda. It would also be apt to indicate that petitioner's Suit No. 577 of 2001 preferred for cancellation of sale deed dated 08.09.1983 was decreed/allowed on 26.03.2006 on the basis of compromise signed by petitioner, Teekaram and Om Prakash. 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 Section 40A of the U.P. Land Revenue Act, 1901, (now repealed) as also Section 39 of U.P. Revenue Code, 2006, which is applicable w.e.f. 11.02.2016, makes it clear that no mutation order shall debar any person from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. Considered the aforesaid aspect(s) of the case and also that in the impugned order dated 02.02.2022, liberty has been provided to institute fresh mutation proceedings with regard to the piece of land transferred to Teekaram through registered sale deed dated 08.09.1983 and also the direction in the said order related to sale deed dated 08.09.1983, whereby, some piece of land in dispute was transferred by Smt. Jagrana to Sri Om Prakash in the light of statutory provision i.e. Section 157-A of U.P. Zamindari Abolition and Land Reforms Act, 1950 (in short "Act of 1950"). After taking note of the aforesaid and also the fact that petitioner has already instituted a suit under Section 144 of U.P. Revenue Code, 2006 (in short "Code of 2006") as well as that the genuineness/validity of both the aforesaid unregistered 'Wills' dated 20.05.1977 and 18.11.1996 can be adjudicated in regular court, on being confronted, learned counsel for the petitioner prays for withdrawal of this petition with liberty to the petitioner to pursue the remedy available to him under the law including pursue/press the suit before the court concerned instituted by him in terms of Section 144 of the Code of 2006. To the aforesaid, there is no objection. In view of above, the instant petition is dismissed as withdrawn with liberty to the petitioner, as prayed for hereinbefore by his counsel. Order Date :- 12.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench