ABDUL SAMAD AND ANOTHER v. STATE OF U.P. AND 8 OTHERS
WRIC/1931/2025 · 2025-02-16
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9645 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9645 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 34 Case :- WRIT - C No. - 1931 of 2025 Petitioner :- Abdul Samad And Another Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Brajesh Shukla 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 call for record of the case and quash the impugned order dated 02.02.2024 passed by the Naib Tehsildar, Tehsil Nagina, District Bijnor in Case No.5350 of 2023 (Computer Case No.-T202313160405350), (Mohd. Akil Vs. Khurunisha) and order dated 05.07.2024 passed by the Sub Divisional Officer. Tehsil Nagina, District Bijnor in Case No.889 of 2024 (Computer Case No.-T202413160400889), (Abdul Samad and others Vs. Mohd. Akil and others) and order dated 09.08.2024 passed by the Commissioner Moradabad, Division Moradabad in Case No.1705 of 2024, (Computer Case No.-C202413000001705), (Abdul Samad and others Vs. Mohd. Akil and others). (annexed as annexure no.3, 5 & 7). Issue a writ, order or direction in the nature of Mandamus directing the respondent to expunge the entry of the respondent made on the basis of impugned
order."
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 :- 17.2.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad