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2025 DAILYLAW 19758 (ALL)

SMT KULWANT KAUR v. STATE OF U.P. AND 11 OTHERS

WRIC/6332/2025 · 2025-03-03

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31265 Court No. - 34 Case :- WRIT - C No. - 6332 of 2025 Petitioner :- Smt Kulwant Kaur Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- Avinash Kumar Sharma,C.S.C.,Sunil Kumar Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed for the following relief :- "Issue a writ order or direction in the nature of Certiorari quashing the order dated 16.01.2025 (Annexure No. 9) passed by the Additional COM Commissioner (Administration-I), Meerut Division, Meerut in Case No. 1877 of 2023 (Computerized Case No. C202311000001877) Smt. Kulwant Kaur Vs. Hardeep Singh and others under Section 219 of L.R. Act, 1901 and order dated 22.08.2023 (Annexure No. 5) passed by the Sub Divisional Officer, Mawana, District Meerut in Case No. 4488 of 2023(Computerized Case No. T202311520304488), Smt. Kulwant Kaur Vs. Hardeep Singh and others, under Section 210 of L.R. Act, 1901 and order dated 21.04.2022 (Annexure No. 3) passed by Tehsildar (Judicial) Mawana, District Meerut in Case No. 5248 (Nirmal Singh Vs. Jangir Singh). ii) Issue a writ order or direction in the nature of MANDAMUS to directing the respondents authority not to interfere in the peaceful possession of petitioner over the land in dispute" 3. Order impugned in the writ petition was passed in proceedings u/s 34 of the U.P. Revenue Code, 2006 i.e. mutation proceedings. Mutation proceedings are summary in nature and only for the fiscal purposes and do not decide the rights of the parties. 4. In view of judgment passed in case of Smt. Kalawati vs. Board of Revenue reported in 2022 4 ADJ 578, I am not inclined to interfere in the matter. 5. Accordingly, the writ petition is disposed of with liberty to the petitioners to establish her right in a declaratory suit as provided under the provisions of U.P. Revenue Code, 2006. 6. Needless to say that the finding recorded by the mutation Court will not be binding in a litigation on a regular side. Order Date :- 4.3.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad