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2025 DAILYLAW 78525 (ALL)

INDRA PAL v. COMMISSIONER PRAYAGRAJ DIVISION PRAYAGRAJ AND 5 OTHERS

WRIC/24245/2025 · 2025-07-24

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122758 Court No. - 34 Case :- WRIT - C No. - 24245 of 2025 Petitioner :- Indra Pal Respondent :- Commissioner Prayagraj Division Prayagraj And 5 Others Counsel for Petitioner :- Sudhir Kumar Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayers:- "i. Issue a writ order in the nature of certiorari quashing the order dated 07/05/2025 passed by the respondent no.1 (Commissioner Prayagraj Division Prayagraj). ii. Issue a writ order in the nature of mandamus directing to respondent no.3 to not interference in the peaceful possession of petitioner over the land in dispute." It is contended that in a revision pending under Section 210 of the U.P. Revenue Code, 2006, a stay application was moved by the petitioner which has been rejected by the order impugned. According to him, the mutation application has been rejected and the name of the petitioner has been expunged from the revenue records. Learned Standing Counsel has vehemently opposed the writ petition as to the maintainability of the writ petition that the revision is still pending consideration, and no writ petition under Article 226 of the Constitution of India lies as has been held by Co-ordinate Bench of this Court in case of Smt. Kalawati vs. The Board of Revenue and 6 Others, 2022 (4) ADJ 57. I have heard respective counsel for the parties and perused the material on record. It is an admitted case that a revision has been filed under Section 210 of U.P. Revenue Code, 2006 which is still pending consideration and only the stay application has been rejected. The case of the petitioner does not fall under the exceptions provided by the Co-ordinate Bench in the judgment. Relevant para 40 of the said judgment is extracted as under :- "40. Having regard to the foregoing discussion the exceptions under which a writ petition may be entertained against orders passed in mutation proceedings would arise where : (i) the order or proceedings are wholly without jurisdiction; (ii) rights and title of the parties have already been decided by a competent court, and that has been varied in mutation proceedings; (iii) mutation has been directed not on the basis of possession or on the basis of some title deed, but after entering into questions relating to entitlement to succeed the property, touching the merits of the rival claims; (iv) rights have been created which are against provisions of any statute, or the entry itself confers a title by virtue of some statutory provision; (v) the orders have been obtained on the basis of fraud or misrepresentation of facts, or by fabricating documents; (vi) the order suffers from some patent jurisdictional error i.e. in cases where there is a lack of jurisdiction, excess of jurisdiction or abuse of jurisdiction; (vii) there has been a violation of principles of natural justice." As the case of the petitioner does not fall under any of the exceptions enumerated above, this writ petition is not maintainable. Accordingly, writ petition stands dismissed. Order Date :- 25.7.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad