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2025 DAILYLAW 25764 (ALL)

RAM SAJIVAN v. STATE OF U.P. AND 5 OTHERS

WRIC/6795/2025 · 2025-03-06

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33124 Court No. - 34 Case :- WRIT - C No. - 6795 of 2025 Petitioner :- Ram Sajivan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Abhitosh Mishra,Anutosh Mishra Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant petition has been filed for the following relief: "(i) issue writ, order or direction in the nature of certiorari quashing the impugned order dated 30.10.2023 passed by respondent no. 2 in Case No. 383 of 2016 (Annexure No. 1) and order dated 10.3.2016 passed by S.D.M. Hamirpur in Appeal No. T20/2073 2420-12 (Annexure No. 2) and order dated 11.1.1989 passed by Naib Tahsildar Pargana Jalalpur Tahsil Rath in Case No. (Annexure No. 3). (ii) issue a writ order or direction in the nature of mandamus directing the respondents to not to interfere in possession of petitioner in respect of Arazji No. 63/3 67, 68 Village Bhedi Dariya Pargana Jalalpur, Tahsil Rath District Hamirpur." 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 petitioner to establish his 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 :- 7.3.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad