Smt. Bhagwan Dei v. Additional Commissioner Judicial Lucknow and Ors.
Case brief
What is this about?
Mutation entry does not decide title; mutation proceedings are summary proceedings whose purpose is collection of revenue and which neither create nor extinguish title — position agreed by parties and accepted by the Allahabad High Court, Lucknow Bench (Manish Kumar, J.). Writ petition against revisional order under Section 219, U.P. Revenue Code, 2006 and mutation order under Section 34 of the Code, 2006 finally disposed of without any order because the first appeal against the underlying decree dated 24.01.1978 (Specific Relief Act, 1963 suit) was pending. Cases: Subhash v. State of U.P. (Writ C No. 16362 of 2020, 10.08.2021); Smt. Kalawati v. Board of Revenue, 2022 (40) LCD 1041.
What did the court decide?
Proceeding on the legal proposition agreed by the parties, the Court accepted that a mutation entry does not decide title and its purpose is collection of revenue.