SHAMSHUDDIN AND 14 OTHERS v. STATE OF UP AND 20 OTHERS
WRIC/9602/2025 · 2025-04-08
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35789 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35789 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:51807 Court No. - 35 Case :- WRIT - C No. - 9602 of 2025 Petitioner :- Shamshuddin And 14 Others Respondent :- State Of Up And 20 Others Counsel for Petitioner :- Tawvab Ahmed Khan Counsel for Respondent :- C.S.C. 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 impugned order dated 04.09.2024 passed in Case No. 717 of 2020 Computer Case No. C202013000000717 (Samsuddin and others Versus Haji Istiyaq and others) and order dated 28.08.2020 RST/04148/2020 passed in Computer Case No. No. T202013380104148 (Samsuddin and others Versus Haji Istiyaq and others) and order dated 18.06.2016 passed by the Up-Ziladhikari Amroha in Appeal No. 37 of 2013 under Section 210 Land Revenue Act arising out of order dated 04.12.2013 passed by Tehsildar Amroha in mutation Case 560/7/192/2/763/751/515/23/659/1234 No. under Section 34 land Revenue Act (Haji Istiyaq Ahmad Versus Achchan)."
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 their 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 :- 9.4.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad