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Neutral Citation No. - 2025:AHC:42411 Court No. - 35 Case :- WRIT - C No. - 8506 of 2025 Petitioner :- Savindra Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Adarsh Singh,Ajeet Singh,Indra Raj Singh Counsel for Respondent :- C.S.C.,Sunil Verma 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 :-
" i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 25.09.2024, passed by respondent no. 2- Tehsildar, Tehsil Meerut Sadar, District Meerut in Case No. 13198 of 2024, Smt. Omkari Vs. Dharmpal (Annexure No. 1 to this writ petition), the impugned order dated 05.12.2024 passed by the Respondent No. 3- Additional District Magistrate (City) Meerut/Deputy Collector Revenue Meerut Division Meerut in Case No. 14332 of 2024, Savindra Singh Vs. Omkari and others (Annexure No. 2 to this writ petition) and the impugned order dated 13.01.2025 passed by the respondent no. 4- Additional Commissioner Meerut Division Meerut in Case No. 2824 of 2024, Savindra Singh Vs. Omkari and others (Annexure No. 3 to this writ petition). ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to enter the name of the petitioner in the revenue records pertaining to Gata No. 523 area 0.9810 hectare, gata no. 637 area 0.9160 hectare, gata No. 712 area 1.0140 hectare, Gata No. 776 area 0.7970 hectare, Gata No. 717 area 0.1770 hectare, village Kayasth Gawari, Tehsil and District Meerut in place of Rajendra Singh."
3. Orders impugned in the writ petition were 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 :- 24.3.2025 Nitika Sri.
(Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad