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SMT. RAJANIA versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Smt. Rajania v. State Of U.P. & Others - WRIT - C No. - 50832 of 2007 [2007] RD-AH 16625 (11 October 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble Ashok Bhushan, J,

Heard counsel for the petitioner.

By this writ petition, the petitioner has challenged the orders passed in mutation proceedings Under Section 34 of the U.P. Land Revenue Act, 1901.

The writ petition arises of a summary proceeding, which do not decide any issue of title between the parties . It is well settled that mutation proceeding being summary proceeding, writ petition Under Article 226 of the Constitution is not entertained unless the order is proved to be without jurisdiction. The above view has been taken by this Court in a judgement reported in 2002 RD 6 = 2002(46) ALR 564; Lal Bachan Vs. Board of Revenue and others. It is also well settled that the decision in mutation proceeding being summary in nature is always subject to adjudication by the competent Court and the findings recorded in the mutation proceeding are not conclusive of decision of issues by competent Court in regular proceeding.

With the above observation, the writ petition is dismissed.

D/-11.10.2007

SCS/50832


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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