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PANKAJ KUMAR versus THE ADDL. COMMISSINER, AGRA & OTHERS

High Court of Judicature at Allahabad

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Pankaj Kumar v. The Addl. Commissiner, Agra & Others - WRIT - C No. 49817 of 2006 [2006] RD-AH 15777 (11 September 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. Writ Petition No. 49817 of 2006

Pankaj Kumar

Versus

Additional Commissioner, Agra Division, Agra and others

Hon'ble Krishna Murari, J.

Heard learned counsel for the petitioner and Sri R. N. Sharma appearing for the respondents.

By means of this petition, the petitioner has challenged the order dated 5.6.2006 passed by the respondent no. 1 as well as the order dated 11.3.2005 passed by respondent no. 2.

The facts are that an application under Section 34 of the U. P. Land Revenue Act was moved by petitioner claiming mutation of his name in place of deceased recorded tenure holder late Sita Ram Singh on the basis of ''Will' dated 12.1.1984 alleged to have been executed in his favour. The said application of the petitioner was allowed by respondent no. 3 vide order dated 28.1.2003. An objection was filed by respondent no. 5 and 6 for recall of the order on the ground that proceedings were not maintainable as  their names came to be recorded after death of the recorded tenure holder under Pa. Ka. 11. This application was rejected vide order dated 18.8.2004. Aggrieved, respondents went up in appeal which was allowed by respondent no. 2 and the order dated 8.8.1998 passed in favour of respondents on the basis of inheritance was maintained. Aggrieved, petitioner went up in revision which has been dismissed.

From the aforesaid facts, it is clear that petitioner is claiming rights for mutation of his name on the basis of unregistered Will in his favour whereas contesting respondents are claiming on the basis of inheritance being son of deceased Sita Ram Singh

It is well settled that mutation proceedings are summary in nature and there is always alternative remedy of adjudication of title by filing a suit on regular side. Equally well settled is the proposition that writ petition challenging the order passed in mutation proceeding is not to be normally entertained since the proceedings are summary in nature and subject to decision by court of competent jurisdiction. Reference may be made to the decision of this Court rendered in the case of Lal Bachan Vs. Board of Revenue, U. P., Lucknow and others, 2002(1), AWC-169 and Bindeshwari Vs. Board of Revenue and others, 2002 (1) AWC 498.

In view of the aforesaid discussion, this writ petition fails and is hereby dismissed.

11.9.2006.


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