Court No. - 49
Case :- WRIT - C No. - 67570 of 2015 Petitioner :- Santosh Kumar Respondent :- State Of U.P. Through Secretary Revenue And 4 Others Counsel for Petitioner :- Faizur Rahman Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
This writ petition is directed against the order passed by the Assistant Collector/Sub Divisional Officer dated 31st August, 2015 whereby appeal of the petitioner has come to be dismissed against the order passed by the Tehsildar in exercise of power under Section 34 of the U.P. Land Revenue Act, 1901 recording the name of the 4th respondent on the basis of sale deed dated 7th February, 2011 alleged to have been executed by Rameshwar.
Learned counsel for the petitioner also submits that petitioner has already instituted a suit for cancellation of the sale deed.
In the considered opinion of the Court, mutation proceedings do not decide the rights and title in respect of the property in question and it is always open for the petitioner to agitate the rights and title in a civil suit. Since the petitioner admits to have filed a civil suit for cancellation of the sale deed in question, pursuant to which the name of the 4th respondetn has come to be recorded. The petitioner may get his suit decided at the earliest and the mutation orders passed by the Tehsildar in favour of respondent no. 4 shall abide by the ultimate decree that may be passed in the pending civil suit. The mutation proceedings being summary in nature, this Court declines to interfere with the order passed .
With the aforesaid observations, the writ petition is consigned to records.
Order Date :- 26.4.2019 Sanjeev