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Neutral Citation No. - 2025:AHC:66566 Court No. - 35 Case :- WRIT - C No. - 2144 of 2025 Petitioner :- Smt Ashtha Gupta Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rajeev Kumar Counsel for Respondent :- C.S.C.,Manoj Kumar,Pratik Chandra 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 writ or direction in the nature of certiorari for quashing the judgment & order 22.11.2024 passed by Commissioner, Jhansi Mandal, Jhansi in Case No. 149/2022 (Smt. Astha Gupta Vs. Munna Lal & others) and order dated 28.12.2021 passed by SDM Tehsil Garautha District Jhansi in Appeal No. 02853 of 2018 (Smt. Ashtha Gupta Vs. Munna Lal filed against the order dated 27.11.2018 by Nayab Tehsil Bamaur Tehsil Garautha District Jhansi and order dated 27.11.2018, passed by Tehsildar Bamaur Tehsil Garautha District Jhansi in Case No. 24/2017 Sint. Ashtha Gupta Vs. Fundi Lal & Pundi u/s 34 Revenue Code, 2006 without giving the weight of registered will deedas (Annexure No. 15, 14 8 08) to this writ petition. Issue writ direction in the nature of mandamus directing the concerned respondents not to give effect of the judgment & order 22.11.2024 passed by Commissioner, Jhansi Mandal, Jhansi in Case No. 149/2022 (Smt. Astha Gupta Vs. Munna Lal & others) and order dated 28.12.2021 passed by SDM Tehsil Garautha District Jhansi in Appeal No. 02853 of 2018 (Smt. Ashtha Gupta Vs. Munna Lal filed against the order dated 27.11.2018 by Nayab Tehsil Bamaur Tehsil Garautha District Jhansi and order dated 27.11.2018 passed by Tehsildar Bamaur Tehsil Garautha District Jhansi in Case No.24/2017 Smt. Ashtha Gupta Vs. Fundi Lal under Section 34 of Revenue Code, 2006 without giving the weight of registered will deed."
3. The claim of the petitioner is based on a will executed in his favour by Shri Fundi Lal has been rejected by all the three mutation courts. 4. The order passed in mutation proceedings are 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 in case of Smt. Kalawati vs. Board of Revenue reported in 2022
4 ADJ 578. 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 :- 29.4.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad