Dismissed

Munijar Jabbar Khan v. Commissioner (Administration), Devi Patan Mandal, Devipatan and Others

Allahabad HC7 Feb 2024WRIC/1213/2024

Case brief

AI extract

What is this about?

Petitioner challenged mutation proceedings under Article 226 relying on an unregistered Will. The court held mutation does not decide title and dismissed the petition, directing the petitioner to file a regular suit to declare rights.

What did the court decide?

The petition was disposed of without interference, with liberty to the petitioner to institute a regular suit for declaration of rights within two months.

Munijar Jabbar Khan vs Commissioner (Administration)… — Property and Title | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:11105

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Court No. - 7

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Case :- WRIT - C No. - 1213 of 2024

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Petitioner :- Munijar Jabbar Khan Respondent :- Commissioner (Administration), Devi Patan Mandal, Devipatan And Others Counsel for Petitioner :- Lakkhi Chand Tyagi,Shiv Shanker Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Lavania,J.

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Heard.

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In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

¶8

By means of present petition, petitioner has impeached the order dated 13.12.2023 passed in the revision filed under Section 219 of the U.P. Land Revenue Act, 1901 (in short "Act of 1901"), registered as Case No.1901 of 2015, Computerized Case No.C20150800001901 by the opposite party No.1Commissioner (Administration), Devi Patan Mandal, Devipatan, Gonda.

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This petition under Article 226 of the Constitution of India challenges the order(s) passed in mutation proceedings by the revenue authorities.

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Facts of the case, in brief, are that the claim of the petitioner is based upon unregistered "Will" dated 22.08.2004 and it appears from the impugned order dated 13.12.2023 that the claim of the petitioner was not found sustainable.

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Mutation proceedings are summary in nature and they do not decide any right or title between the parties; rather they are drawn only for fiscal purposes.

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Furthermore, the order passed in mutation proceedings are always subject to declaration of rights which may be sought by the parties concerned by instituting a regular suit.

¶13

Section 40A of the U.P. Land Revenue Act, 1901, (now repealed) as also Section 39 of U.P. Revenue Code, 2006, which is applicable w.e.f. 11.02.2016, make it clear that no mutation order shall debar any person from establishing his rights in the land by means of a regular suit. Mutation of a property in revenue record does not create or extinguish title nor has it any presumptive value on title. It only enables the person in whose favour mutation is ordered to pay the land revenue. The mutation proceedings do not adjudicate the rights of the parties and orders passed in mutation proceedings are always subject to adjudication by competent Court.

¶14

Considering the facts of the case, indicated in brief hereinabove, as also the law related to mutation proceedings, I am of the view that in the instant case, proper adjudication regarding claim of the respective parties is required. Accordingly, I am not inclined to interfere in this petition, which is disposed of with liberty to the petitioner to institute a regular suit seeking declaration of his rights within a period of two months from today before appropriate Court/Forum.

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Order Date :- 7.2.2024

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Vinay/-

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Munijar Jabbar Khan v. Commissioner (Administration), Devi Patan Mandal, Devipatan and Others

Case brief

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Munijar Jabbar Khan v. Commissioner (Administration), Devi Patan Mandal, Devipatan and Others

Case brief

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