Single judge dismissed a writ petition challenging a revisional order rejecting mutation. The court held mutation entries are for revenue purposes only and do not decide title, requiring a civil suit for title disputes.
Writ petition dismissed; interim order vacated.
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Court No. - 20
Case :- WRIT - C No. - 24982 of 2013
Petitioner :- Arvind Singh And 2 Others Respondent :- Chandra Prakash Singh And 4 Others Counsel for Petitioner :- Abhishek Srivastava Counsel for Respondent :- C.S.C.,Lalit Singh Tomar,Satyam Pandey
Hon'ble Pankaj Bhatia,J.
No one appears on behalf of the petitioners even in the revised call. On the earlier occasion also the petitioner has not shown any interest in pursuing the matter. Sri Lalit Singh Tomar, is present for the respondents.
A perusal of the impugned order dated 12.2.2013 makes it clear that the Revision against an order of mutation has been rejected holding that the mutation was carried out on the basis of registered sale deed.
There is no error apparent on the face of the order impugned in the present writ petition. Even otherwise, it is well settled that the mutation entries are only entries for the purposes of collection of revenue and do not decide any title and any dispute pertaining to the title should be settled by filing a Suit.
The matter relates only to a mutation entry as such there is no force in the writ petition and the writ petition is dismissed. Interim order dated 3.5.2013 is vacated.
Order Date :- 17.5.2019 Hasnain
1 issue framed by the court
Whether the High Court can exercise writ jurisdiction to adjudicate upon a dispute regarding title to property.
Arvind Singh And 2 Others
Chandra Prakash Singh And 4 Others
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
