Neutral Citation No. - 2025:AHC-LKO:21500 Court No. - 7 Case :- WRIT - C No. - 1002918 of 2015 Petitioner :- Smt. Manju Singh And Another Respondent :- State Of U.P. Thru Prin. Secy. Revenue U.P. And 4 Others Counsel for Petitioner :- Kunwar Ravi Prakash,Pashupati Nath Dwivedi Counsel for Respondent :- C.S.C.,J.B. Singh,Mohammad Ehtesham Khan,Nitin Srivastava,Pradeep Kumar Tiwari,Ramesh Kumar Srivastava Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners as well as Sri Shashi Kant Mishra holding brief of Sri Mohammad Ehtesham Khan, learned counsel for the respondent No.4 and learned State Counsel for the respondents. By means of the present writ petition, the petitioners has prayed for the following relief(s) :- i) Issue a writ, order or direction in the nature of Certiorari to quash the impugned order dated 25.02.2015 passed b the Commissioner Lucknow Region Lucknow (opposite party no. 02) in Revision No. C- 2015/100000192/584/2015 under Section 219 Land Revenue Act in the matter of (Manju Singh and other Vs. Tribhuvan Bahadur and other), whereby learned Commissioner upheld the order dated 23.02.2013 passed by the Sub Divisional Magistrate: Unchahar, District Raibareilly in the Case no. 122/58-11-12 under Section 33/39 of Land Revenue Act, which is contained as Annexure No. (01) and (02) to the writ petition. ii. Issue a writ, order or direction in the nature of Mandamus to direct the opposite party No.2 to reconsider and adjudicate the matter." Vide impugned order dated 25.02.2015 passed in Revision No. C-2015/100000192/584/2015 under section 219 of Land Revenue Act, 1901 (in short "Act of 1901), the Commissioner, Lucknow Region, Lucknow has affirmed the order dated 23.02.2013 passed by Sub Divisional Magistrate, Unchahar, Raebareli in Case no. 122/58-11-12 under Section 33/39 of Act of 1901, whereby the application filed by the respondent no. 4 was allowed and the claim of the respondent no. 4 was accepted. Considered the following: (i) The case of the petitioners is based upon the registered adoption deed dated 15.10.1976, annexed as Annexure No.3 to the petition. (ii) The issue as to whether this document would confer any right to the petitioners and also that as to whether this document is a valid document of adoption cannot be adjudicated in the proceedings initiated under Section 33/39 of the U.P. Land Revenue Act, 1901 (here-in-after referred to as "Act, 1901) (iii) According to Section 40A of the U.P. Land Revenue Act, 1901, (now repealed) as also Section 39 of the Code of 2006, which is applicable w.e.f. 11.02.2016, makes it clear that no order passed in exercise of power under Section 33/39 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. Also considered the judgement(s) of the Apex Court passed in the case of M Vanaja Vs. M. Sarla Devi (Dead), reported in (2020) 5 SCC 307; Jai Singh Vs. Shakuntala, reported in (2002) 3 SCC 634 and Dhanno widow of Balbir Singh Vs. Tuhi Ram (died), reported in 1996 SCC OnLine P & H 301. Considering the aforesaid as also the fact that the petitioners are claiming their rights over the property in issue on the basis of registered adoption deed dated 15.10.1976 and also that genuineness of this deed could not be adjudicated in summary proceedings, as also other factual issues involved, I am not inclined to entertain this petition, which is disposed of with liberty to the petitioners to institute a regular proceedings 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 application is disposed of Order Date :- 16.4.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench