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2025 DAILYLAW 93045 (ALL)

ISHWAR LAL AND 3 OTHERS v. STATE OF U.P. AND 6 OTHERS

WRIC/31263/2025 · 2025-09-09

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31263 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed challenging the rejection of objection filed in mutation proceedings and, thereafter, the order of appellate court. 2. Petitioners, before this Court, contend that private respondents had executed sale-deed for the area of land of which he was not owner. According to petitioners, the issue regarding the ownership was raised before the mutation court and objection has been rejected. 3. Learned Standing Counsel has opposed the writ petition and submitted that the question of title cannot be gone into by revenue authorities and a civil suit will lie. He further submitted that the court below has rightly repelled the objection filed by petitioner and only remedy is to file a civil suit challenging the sale-deed executed by private respondents. 4. I have heard respective counsel for the parties and perused the material on record. 5. It is an admitted case that sale-deed has been executed by private respondents. The sole dispute is as to area of land for which sale-deed was executed by private respondents in favour of purchaser. In case, there is any dispute as to sale-deed, the said question has to be adjudicated by civil court and revenue court is not competent to adjudicate and record finding in respect of title of the property in a mutation proceeding. 6. Proceedings under Section 34 of U.P. Revenue Code, 2006 are summary in nature and question of title cannot be gone into by revenue Versus Counsel for Petitioner(s) : Ajay Kumar Mishra Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Ishwar Lal And 3 Others .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) authorities. The objections have been rightly repelled by revenue authorities which has been upheld in appeal. 7. No case for interference is made out. 8. The writ petition is misconceived and stands dismissed. September 10, 2025 V.S.Singh WRIC No. 31263 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad