Petition challenging mutation orders based on a registered Will was dismissed as revenue authorities cannot adjudicate title or validity of Wills; pending civil suit is the appropriate remedy.
Petition dismissed with liberty to pursue available legal remedies.
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Neutral Citation No. - 2025:AHC-LKO:16507
Court No. - 7
Case :- WRIT - B No. - 558 of 2024 Petitioner :- Smt. Vijma Devi Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others
Counsel for Petitioner :- Pankaj Kumar Verma Counsel for Respondent :- C.S.C.,Shahid Salam
Hon'ble Saurabh Lavania,J.
Heard learned Counsel for the petitioners, learned Standing Counsel for State-respondents and Shri Shahid Salam, learned counsel for respondent no.5.
The instant petition has been preferred for the following main relief:-
"issue a writ, order or direction in the nature of certiorari quashing the impugned illegal order dated-23.01.2024 passed in Case No. REV/2546/2023 Computerized Case No. R20230815002546, Smt. Vijma Devi Versus Chandrawati, under section-210 U.P. Revenue Code 2006 by the Opposite party no. 2, impugned order dated20.05.2023 passed in Case No. 7013/2022, Computerized Case No. T202208150307013, Smt. Vijma Devi Versus Chandrawati and others, U/s-207 of U.P. Revenue Code 2006 by the Opposite party no. 3 and impugned order dated-29.08.2022, passed in Case No. 02660/2018 Computerized Case No. T201808150302660, Chandrawati Versus Triveni Prasad (Deceased) U/s-34 of U.P. Revenue Code 2006 passed by Opposite party no. 4, contained as Annexure No. 1, 2 and 3 to this writ petition."
In view of settled proposition of law that the validity of the "Will" cannot be examined by the revenue authorities in the mutation proceedings which are summary in nature and they do not decide any right or title between the parties; rather they are drawn only for fiscal purposes, 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 as also the mutation order was passed in the proceedings instituted under Section 34 of the U.P. Revenue Code, 2006 in favour of the private-respondent on the basis of registered 'Will' dated 24.12.2016 and further that suit for cancellation of registration of 'Will' dated 24.12.2016 filed by the petitioner is pending consideration, this Court is not inclined to entertain the instant petition.
Accordingly, the petitioner is dismissed with liberty to the petitioner to pursue the remedy, as available under law.
Order Date :- 21.3.2025/Mohit Singh/-
Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Can the validity of a Will be examined by revenue authorities in summary mutation proceedings?
3 provisions across 1 enactments
Smt. Vijma Devi
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
Other Respondents
Saurabh Lavania
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
