Court No. - 5
Case :- WRIT - C No. - 8698 of 2018 Petitioner :- Vijay Bahadur Respondent :- The State Of U.P. And 4 Other Counsel for Petitioner :- Mannu Ram Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Naqvi,J.
Supplementary Affidavit filed today is taken on record. Heard learned counsel for the parties.
The respondent no. 4 obtained an order under Section 34 of U.P. Land Revenue Act on 15.10.2007 on the basis of a registered sale deed dated 28.4.2007, alleged to have been executed by the petitioner. The petitioner challenged the order dated 15.10.2007 in appeal alleging that he had not executed any sale deed, which was rejected on 31.10.2008 against which a review too was dismissed on 31.1.2014. The order dated 31.1.2014 was challenged in revision, which was also dismissed on 13.11.2017, impugned herein.
Learned counsel for the petitioner submitted that the petitioner is in possession on the strength of earlier registered sale deed dated 16.12.2006 and has also instituted a suit for cancellation of the sale deed dated 28.4.2007, as O.S. No. 416 of 2010 before the Civil Judge (J.D.), Court No.10, Allahabad.
It is well settled that mutation proceedings do not decide any issue of title, any finding thereto is subject to a decision of a competent suit, same is relevant only for fiscal purposes. A suit is already pending.
No good ground is made out to entertain this petition. The writ petition is dismissed.
Order Date :- 30.3.2018 N.S.Rathour