Court No. - 9
Case :- WRIT - C No. - 31564 of 2019 Petitioner :- Mithlesh Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surendra Prasad Mishra Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
The writ petition has been filed seeking a writ of certiorari for quashing the order dated 12.04.2016 passed by the Tehsildar rejecting a restoration application filed by the petitioner for recall of a mutation order whereby one Hari Singh was ordered to be mutated on the death of his mother.
The consequential revision has been dismissed vide order dated 29.06.2018.
This writ petition is manifestly malafide as the person who has been mutated and whose mutation order was sought to be recalled has not been impleaded in the writ petition.
Besides, the petitioner claims to be a transferee from the mother of the person mutated having obtained a registered sale deed from her in the year 2009.
The petitioner has admittedly never applied for mutation on the basis of the alleged sale deed executed in his favour.
For the foregoing reasons, not only is the writ petition defective, but the petitioner also has no right to maintain the same having failed to apply for his mutation on the basis of the alleged sale deed in his favour, in view of Section 34 of the U.P. Revenue Code, 2006.
Accordingly, the writ petition is dismissed.
Order Date :- 27.9.2019 sweta