Dismissed

Balchand v. State of U.P. and 10 Others

Allahabad HC12 Apr 2023WRIC/8997/2023

Case brief

AI extract

What is this about?

This court dismissed a writ petition challenging mutation proceedings. Relying on Kalawati, the bench held that writs are not maintainable in summary mutation matters absent specific exceptions like lack of jurisdiction or violation of natural justice. The appeal below was also noted as dismissed.

What did the court decide?

Writ petition failed and was dismissed. The underlying mutation proceedings were previously dismissed, and the appeal against those dismissals was also dismissed.

Balchand Vs State of U.P. and 10 Others — Property and Title | Allahabad HC (2023)

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Court No. - 9 Case :- WRIT - C No. - 8997 of 2023 Petitioner :- Balchand Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Onkar Nath Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Rohit Ranjan Agarwal,J.

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This matter relates to mutation proceedings which was dismissed, thereafter, restoration application was filed which was also dismissed. Against which an appeal was preferred under Section 201 which was also dismissed.

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As the mutation proceedings are summary in nature, writ petition challenging the mutation proceedings under Article 226 of the Constitution is not maintainable.

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The co-ordinate Bench of this Court in case of Kalawati Vs. Board of Revenue and 6 others, 2022 (4) ADJ 578 has held that writ petition under Article 226 of the Constitution of India is not maintainable in summary proceedings. Relevant Para 40 of the said judgment is reproduced here as under:-

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"40. Having regard to the foregoing discussion the exceptions under which a writ petition may be entertained against orders passed in mutation proceedings would arise where :

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(i) the order or proceedings are wholly without jurisdiction;

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(ii) rights and title of the parties have already been decided by a competent court, and that has been varied in mutation proceedings;

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(iii) mutation has been directed not on the basis of possession or on the basis of some title deed, but after entering into questions relating to entitlement to succeed the property, touching the merits of the rival claims;

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(iv) rights have been created which are against provisions of any statute, or the entry itself confers a title by virtue of some statutory provision;

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(v) the orders have been obtained on the basis of fraud or misrepresentation of facts, or by fabricating documents;

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(vi) the order suffers from some patent jurisdictional error i.e. in cases where there is a lack of jurisdiction, excess of jurisdiction or abuse of jurisdiction;

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(vii) there has been a violation of principles of natural justice."

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Writ petition fails and is hereby dismissed.

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Order Date :- 12.4.2023 V.S.Singh

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Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad

Balchand v. State of U.P. and 10 Others

Case brief

What is this about?

What did the court decide?

Balchand v. State of U.P. and 10 Others

Case brief

What is this about?

What did the court decide?

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