Court No. - 6 Case :- WRIT - C No. - 3131 of 2010 Petitioner :- Balaji Jan Sewa Samiti, Ram Nagar Respondent :- State Of U.P. And Others Petitioner Counsel :- Ashutosh Tripathi Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
In pith and substance the dispute in the writ petition is with regard to the
mutation of names of the parties against the land in dispute.
Initially the name of the petitioner was directed to be recorded but the said
order has been recalled on the application of the respondent no.5 and finally
his name has been directed to be recorded.
It is settled legal position that mutation of names in the revenue records are
not to be construed as documents of title. Such entries are of fiscal nature to
enable the State Government to collect revenue from the person recorded.
Mutation by itself does not create or extinguish any right of any of the party
over the land concerned. In view of the above no substantive rights of the
parties get effected by an order of mutation. Accordingly, in the case of State
of U.P. Vs. Board of Revenue U.P. at Lucknow and others 1993 (2) AWC
932, it has been held that writ petition in the matter of mutation is not
maintainable and High Court should not interfere in exercise of discretionary
power.
In view of the aforesaid facts and circumstances the writ petition stand
dismissed. However, it will be open for the petitioner to get is rights
adjudicated or declared by an appropriate Court or to take recourse to any
other legal remedy which otherwise may be available to him in law.
Order Date :- 29.1.2010
ARS
