BHARAT SINGH v. ADDITIONAL COMMISSIONER,KUMAON MANDAL,NAINITAL.
WPMS/2606/2015 · 2026-08-24
Manoj Kumar Tiwari
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9932 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9932 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
UKHC010007462015
2026:UHC:7688 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2606/2015
Bharat Singh --Petitioner Versus Additional Commissioner,kumaon Mandal,nainital. --Respondent
Hon’ble Manoj Kumar Tiwari, J
1. Mr. Arvind Vashisth, learned Senior Counsel appearing for the petitioners.
2. Mr. Ghanshyam Joshi, learned Additional C.S.C. for the State of Uttarakhand.
3. Mr. Rajesh Pandey, learned counsel for respondent no. 2.
4. Petitioners have challenged order dated 30.05.2015 passed by Additional Commissioner, Kumaon in Revision No. 88/2010-11/69/12-13.
5. Learned State Counsel vehemently argued that the impugned order has been passed in mutation proceedings, as the Tehsildar concerned had allowed the mutation application based on false claim of succession made by the petitioners. He submits that petitioners are imposters and they have nothing to do with original tenure holder, namely, Smt. Jhankaiya, but they presented themselves to be descendant of Smt. Jhankaiya.
6. This Court is not inclined to interfere with the impugned judgment and
order passed by Additional
UKHC010007462015
2026:UHC:7688 Commissioner.
7. Law is well settled that mutation of name in revenue record does not create any right, title or interest over the property nor deletion of name from revenue record extinguishes such right. Mutation is done only for fiscal purpose i.e collection of land revenue. If petitioners have any right, title or interest over the land in question, then they are free to seek declaration of that right by filing a declaratory suit under Section 229B of UPAZ&LR Act. The observation, if any, made by revisional court will not come in their way in view of provisions contained in Section 40-A of Uttarakhand Land Revenue Act, 1901.
8. With the aforesaid observation, the writ petition is disposed of.
(Manoj Kumar Tiwari, J)
24.08.2026 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a0 8b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DA CF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.08.24 08:29:54 -07'00'