Neutral Citation No. - 2025:AHC-LKO:23551 Court No. - 7 Case :- WRIT - C No. - 19654 of 2018 Petitioner :- Jagdeo Prasad Mishra And Ors. Respondent :- Addl. Commissioner Admin. Devi Patan Mandal Gonda And Ors. Counsel for Petitioner :- Girish Kumar Pandey,Ajeet Kumar Mishra,R. R. Pandey Counsel for Respondent :- C.S.C.,Aviral Srivastava,Indrajeet Shukla,Jai Kumar,Pradeep Kumar Shukla 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 :- "Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order dated 14.9.2017 passed by the Commissioner, Devi Patan Mandal, Gonda and impugned order dated 28.4.2005 passed by the Sub Divisional Magistrate, Colonelganj District-Gonda contained in Annexure No.1 & 2 respectively to this writ petition." Vide impugned order 14.09.2017, the opposite party No.1/Additional Commissioner, Admin, Devi Patan, Mandal, Gonda dismissed the revision challenging the order dated 28.04.2005, passed by opposite party No.2/Sub-Divisional Magistrate, Colonelganj, Gonda in Case No. 103, under Section 33/39 of the U.P. Land Revenue Act, 1901. Thus, the subject matter of the present petition relates to correction of revenue records. It is to be noted that the proceedings related to correction of revenue records are summary in nature and they do not decide any right or title between the parties. Furthermore, the order passed in proceedings aforesaid 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 Section 40A of the U.P. Land Revenue Act, 1901, (now repealed) as also Section 39 of U.P. Revenue Code, 2006, which is applicable w.e.f. 11.02.2016, makes it clear that no order in the aforesaid proceedings shall debar any person from establishing his rights in the land by means of a regular suit. The proceedings aforesaid do not adjudicate the rights of the parties and orders passed therein are always subject to adjudication by competent Court. Considering the aforesaid as also the fact that case/claim of the petitioners is based upon 'patta/lease' provided in terms of order dated 15.02.1976 of Sub-Divisional Magistrate, Colonelganj, Gonda and claim/case of the side opposite is based on 'Patta/Lease' provided in terms of order dated 03.10.1983 passed by the same authority and also that genuineness of claim of the parties could not be adjudicated in summary proceedings aforesaid, as also that inter se dispute of title cannot be decided by way of writ as also other factual issues involved in this case, I am not inclined to entertain this petition, which is disposed of with liberty to the petitioners to institute a regular suit for his 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 writ petition is disposed of. Order Date :- 24.4.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench