Court No. - 6
Case :- WRIT - C No. - 42680 of 2019 Petitioner :- Saleem Ahmad Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Phool Singh Yadav Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard counsel for the petitioner.
This writ petition arises out of mutation proceedings wherein the petitioner who claims to be the brother of respondent no.5 which claim was not accepted by the appellate and revisional courts after due appreciation of evidence on record.
Since, the writ petition arises out of summary mutation proceedings which do not determine the title of the parties thereto and have purely fiscal connotations, this Court does not consider it appropriate to interfere. The dispute primarily is whether the petitioner is in fact the son of Baseer Ahmad or not.
The matter has been decided against the petitioner because there is material available on record to show that petitioner is resident of two separate villages, different parentage is also shown in the two villages.
Such questions are better raised and decided in a regular suit and not in summary mutation proceedings since the orders passed in proceedings under Section 34 of U.P. Land Revenue Act are subject to the findings and decision in a regular suit as provided by Section 40-A of the Land Revenue Act.
Under the circumstances, the writ petition is dismissed observing that, petitioner, if so advised, may sue for a declaration in his favour.
Order Date :- 20.12.2019 AKT