Court No. - 6
Case :- WRIT - C No. - 42041 of 2005 Petitioner :- Ramji Lal Respondent :- The Additional Commissioner Agra Division And Others Counsel for Petitioner :- A.K. Pandey,Bashir Ahmad Khan,Shri Prakash,Vishal Khandelwal Counsel for Respondent :- C.S.C.,A.S. Dubey,V.K. Singh
Hon'ble Yashwant Varma,J.
Heard learned counsel for parties.
This petition emanates from proceedings under Sections 34 of the U.P. Land Revenue Act, 1901. Since the grounds of challenge are not shown to fall within the exceptions carved out in Lal Bachan Vs. Board of Revenue, U.P., Lucknow And Others, 2002 (1) AWC 169, the Court finds no ground to deal with the validity of the orders on merit. The reliance placed by the learned counsel on the decision rendered by a learned Judge in Awadhesh Singh Vs. Addl. Commissioner, Administration, Basti Division, Basti And Others, [2017(137)RD114] is clearly misplaced since admittedly the propositions as framed by the learned Judge of the Court in paragraph 41 do not come to the aid of the petitioner. The Court deems it apposite to note that the orders impugned were challenged on the ground that the Civil Court had set aside the auction sale. That decision of the Civil Court is not an adjudication with respect to title.
Petition is consequently dismissed. However, this order of dismissal shall not preclude the petitioner from establishing his right independently bearing in mind the fact that proceedings of mutation are merely summary in nature and do not decide issues of title.
Order Date :- 21.8.2019 Arun K. Singh (Yashwant Varma, J.)