Court No. - 6 Case :- WRIT - C No. - 3614 of 2010 Petitioner :- Smt. Kamlesh Devi Respondent :- Collector And Others Petitioner Counsel :- Jitendra Pal Singh Respondent Counsel :- C.S.C.,D.D. Chauhan Hon'ble Pankaj Mithal,J.
The dispute in this writ petition is with regard to mutation of the
name in respect of agricultural land of deceased Rajesh.
The petitioner is claiming that her name should be recorded, being
mother of the deceased, whereas respondent no.4 is claiming that
her name should be recorded as she is wife of the deceased which
is being opposed on the ground that she has remarried.
It is a settled legal proposition of law that mutation proceedings
are only fiscal in nature to enable the State Government to collect
revenue from the person recorded. It does not decide about the
right of the parties. Therefore, it does not confer or extinguishes
any substantive right of the parties. Thus, a writ petition
challenging the order of mutation has been held to be not
maintainable vide 1993 (2) AWC 932 State of U.P. Vs. Board of
Revenue U.P. at Lucknow and others.
In view of above, the writ petition is dismissed as not
maintainable. However, parties are free to get their rights over the
land in dispute adjudicated/decided in appropriate proceedings.
Order Date :- 27.1.2010
BK