2025:UHC:10041 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 3147/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Jai Krishna Pandey, Advocate, for the petitioners. Mr. Suyash Pant, Standing Counsel, for the State. (2) District Magistrate, Nainital has passed an order on 13.8.2025. By the said order, it is provided that mutation of name of any person shall not be done in the revenue record in respect of the land comprised in Khata No. 00105, Village Mukhani (C.T.), Pargana Bharav Chhah Khata, Tehsil Haldwani, District Nainital. (3) It is not in dispute that the title dispute regarding the aforesaid land was pending before Civil Judge in a suit, which was decided against the vendor of petitioners; vendor of petitioners filed first appeal, which is pending before this Court, in which some interim order was passed; petitioners have purchased the land while the title dispute was pending between petitioners’ vendor and some other person. (4) Learned Counsel for the petitioners submits that the land purchased by the petitioners is different from the property involved in the first appeal pending before this Court. (5) Learned State Counsel, however, disputes the said submission and submits that petitioners have knowingly purchased a property which is subject matter of a dispute pending before this Court. (6) This Court do not find any reason to interfere with the impugned order passed 2025:UHC:10041 by the District Magistrate. The District Magistrate has imposed ban on mutation to prevent creation of third party interest over the property, which is subject matter of first appeal, which is just and proper. Even otherwise also, mutation of name in revenue record neither creates nor extinguishes title. If petitioner has become owner of the land purchased by him through a registered sale deed, then no one can question his ownership merely because his name is not mutated. Once the title dispute is settled by coordinate Bench of this Court in the pending first appeal, then it shall be open for the petitioners to get their name mutated in the revenue record by moving appropriate application. (7) With the aforesaid observations, the writ petition stands disposed of. (Manoj Kumar Tiwari, J.) 13.11.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.11.14 10:39:05 +05'30' 2025:UHC:10041