2026:UHC:144 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PMS 1 9 6 3 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. None for the petitioner. Mr. Suyash Pant, Standing Counsel, for the State. Mr. M.S. Tyagi, Senior Advocate, assisted by Mr. Sunil Chandra, Advocate for the respondent n o. 4. Mr. Pooran Singh Rawat and Mr. M.C. Upadhyay, Counsel for the intervener. (2) Petitioner has challenged orders dated 27.11.2024 and 19.4.2025, passed by District Magistrate, Pauri Garhwal. In this writ petition, petitioner has also challenged the letter dated 7.2.2025, issued by Commissioner, Garhwal Division to District Magistrate, Pauri Garhwal. Perusal of the impugned orders, passed by District Magistrate, reveals that after enquiry, District Magistrate ordered for removal of forged entries in the name of petitioner from the revenue records. Commissioner, Garhwal Division, in his letter dated 7.2.2025, asked the District Magistrate, Pauri Garhwal to remove the forged entries in the name of the petitioner from revenue records. (3) Learned Counsel for the respondents as well as intervener submit that the writ petition against the order passed by District Magistrate would not be maintainable. It is further contended that mutation of name in the revenue records neither creates nor extinguishes title and mutation is done only for fiscal purpose. It is further contended that if petitioner has any right, title or interest over the land in 2026:UHC:144 dispute, then he can file suit for declaration under Section 229-B of Zamindari Abolition and Land Reforms Act before a competent Court of Law. (4) This Court finds substance in the submission made on behalf of respondents. The allegation against the petitioner is that he managed to get his name mutated in the revenue records by playing fraud. Petitioner contends otherwise and he submits that he is a tenure holder, therefore his name should be recorded as such in the revenue records. Whether petitioner’s name is to be recorded as bhumidhar or any other category of tenant can only be decided by Assistant Collector in a suit under Section 229-B of Zamindari Abolition and Land Reforms Act. Relief of declaration cannot be granted in a writ petition. Law is well settled that civil or property right cannot be decided in public law remedy of the constitution. (5) Writ petition is, accordingly, dism issed with liberty to petitioner to approach the appropriate forum. Interim order dated 14.7.2025 stands vacated. ( Man oj Ku m ar Tiw ar i, J.) 5 .1 .2 0 2 6 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.01.05 18:32:28 +05'30' 2026:UHC:144