Court No. - 50
Case :- WRIT - B No. - 3103 of 2019 Petitioner :- Kiran Singh And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manish Kumar Pandey,Yogesh Dutta Mishra Counsel for Respondent :- C.S.C.,Sandeep Kumar
Hon'ble Salil Kumar Rai,J.
Heard the learned counsel for the petitioners.
The present writ petition has been filed against the orders dated 2.4.2018 and 9.10.2019 passed by the revenue courts rejecting the claim of the petitioners for mutation in the revenue records and restoring the previous order of the trial court whereby the claim of respondent No. 5 for mutation in the revenue records in place of its original tenure holder was accepted. The claim of respondent No. 5 was accepted on the basis of a alleged registered Will dated 21.5.1983 executed by tenure holder in favour of respondent No. 5 and through the impugned orders, the revenue authorities have rejected the recall application filed by the petitioners on the ground that the said application was filed 10 years after the mutation order and the petitioners has not been able to explain the delay in filing the said recall application. The orders have been passed in proceedings registered under Section 34 of the Uttar Pradesh Land Revenue Act, 1901 and do not finally decide the title of the parties. The petitioners have a remedy to institute appropriate proceedings for declaration of their rights.
For the aforesaid reasons, it is not a fit case for interference under Article 226 of the Constitution of India. The writ petition is dismissed.
Order Date :- 18.12.2019 Anurag/-