ALI HASAN AND 8 OTHERS v. STATE OF U.P. AND 19 OTHERS
WRIC/16876/2025 · 2025-05-29
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62392 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62392 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:93429 Court No. - 35 Case :- WRIT - C No. - 16876 of 2025 Petitioner :- Ali Hasan And 8 Others Respondent :- State Of U.P. And 19 Others Counsel for Petitioner :- Mustaqeem Ahmad Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for the State- respondents and perused the record.
2. This petition has been filed for the following relief:
"A)Issue a writ, order or direction in the nature certiorari quashing the impugned orders dated 15.9.1984 (Annexure-1), 28.10.2020 (Annexure-3) and 27.12.2024 (Annexure-5), passed by the Respondent Nos. 5, 4 and 2 respectively. B) of Issue a writ, order or direction in the nature mandamus, commanding respondents not to interfere with peaceful actual physical possession of the petitioners in respect of property in question and not to change the nature of property."
3. Contention of the learned counsel for the petitioners is that the petitioners are claiming their rights on the property in dispute as the property was sold by late Nizamuddin in favour of ancestors of the petitioners. It is further contended that private respondents have no right over the property in dispute.
4. This question as to the validity of the sale deed can only be looked into a regular declaratory proceeding. Mutation orders are only summary in nature and do not decide the right, title and interest of the parties and are only meant for fiscal purpose in view of judgment passed by this Court in case of Smt. Kalawati vs. Board of Revenue reported in 2022 4 ADJ 578, therefore, I am not inclined to interfere in the matter.
6. Accordingly, the writ petition stands disposed of with liberty to the petitioner to get his rights declared in a regular proceedings.
7. It is needless to say that the findings recorded by the mutation court will not be binding to the regular proceedings, if any, have initiated by the petitioners. Order Date :- 30.5.2025/Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad