Heard learned counsel for the petitioner.
In substance, challenge in this petition is to the orders concerning mutation.
It is well settled legal proposition that the revenue entries are not to be construed as document of title. They are only of fiscal nature to enable State Government to collect land revenue from the person recorded. Revenue entries or orders concerning mutation are by way of summary proceedings and they do not either create or extinguish substantive rights of the parties over the land in question. Irrespective of such entries or orders of mutation, parties are always free to get their rights on the land in dispute adjudicated or declared by the appropriate court.
In view of above legal position, as no substantive rights of the of the parties are affected by mutation proceedings, no prejudice is caused to them entitling them to invoke writ jurisdiction and, as such, the Courts should not normally interfere with the orders passed in mutation proceedings.
In view of above, I am not inclined to exercise my discretionary jurisdiction in the matter.
The writ petition is dismissed with liberty to the petitioner to get her rights adjudicated/declared by taking proper recourse.
Order Date :- 4.2.2010 BK