Court No. - 33
Case :- WRIT - C No. - 22223 of 2015 Petitioner :- Smt. Kaushilya Devi Respondent :- State Of U.P. And 4 Ors.
Counsel for Petitioner :- Ram Swaroop Singh,D.S. Parmar Counsel for Respondent :- C.S.C.,M N Singh
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioner and learned Standing Counsel for State-respondents.
According to the petitioner, she is widow of last undisputed recorded tenure holder. On death of the tenure holder, a registered will was set up by his daughters on the basis of which mutation proceeding was carried out. Thereafter, mutation order was challenged but the same was rejected as barred by limitation. However, the petitioner had instituted suit under Section 229-B of the U.P.Z.A. & L.R. Act for declaration of her rights. In the meantime, the person in whose favour mutation was made died and the successor of that person executed a sale deed, pursuant to which, the transferee has applied for mutation. In these proceedings, the petitioner filed her objection but her right to lead evidence has been closed against which this petition has been filed.
As admittedly the petitioner has instituted suit in respect of declaration of her rights and it is well settled that mutation proceedings are summary in nature and do not confer any right or title on the party in whose favour mutation is directed, this Court does not consider it appropriate to entertain this petition, particularly, when earlier mutation proceeding ended in favour of the daughters of the last undisputed recorded tenure holder on the basis of will. It is left open to the petitioner to pursue her right in regular suit proceeding.
With the aforesaid liberty/observation, this petition is
disposed off.
Order Date :- 27.4.2018. Rks.