The present writ petition has been filed against the order dated 31.8.2012 passed in revision no. 203 of 2010 (Vijay Kumar versus Baccha Lal).
Heard the learned counsel for the petitioner and Shri Raj Karan Yadav who has filed caveat on behalf of respondent nos. 5, 6 & 7.
The present writ petition arises out of mutation proceeding. The grievance of the petitioner is that his application to recall the ex parte order passed in favour of the contesting respondent has been wrongly rejected.
During the course of the argument, it transpired that the parties are closely related being brothers and sisters. It has also come that the petitioner has filed a suit under section 229-B of U.P.Z.A & L.R Act being suit no. 76 of 242 of 2011 which is pending before the revenue court.
In view of the fact that in the said suit, the rights of the parties will be examined in depth in light of the evidence produced by them and the fact that the mutation proceedings are summary in nature, I am not inclined to entertain the present writ petitin.
The apprehension of the petitioner that the findings recorded in these proceedings may come in his way before the revenue court is misconceived. It goes without saying that the findings recorded in mutation proceedings are not binding to a duly constituted title suit.
By way of clarification, it is added that the decision passed in these proceedings shall be subject to the final decision which may be taken in the suit no.76/242 of 2011.
Subject to above, the writ petition is dismissed.
(Prakash Krishna,J) Order Date :- 3.12.2012 IB