(1) Heard the learned counsel for the parties and perused the record.
(2) This petition has been filed challenging the order dated 11.01.2019 passed by the Tehsildar, Mitauli, District Lakhimpur Kheri, and the order dated 15.04.2020 passed by the Additional Commissioner (Judicial), Lucknow Division, Lucknow.
(3) It is the case of the petitioner that the petitioner is the purchaser of land from the recorded tenure holder Pyarelal son of Ram Lal whose name was recorded in the Revenue Records on the basis of succession to the land which belonged to Swami Dayal his grand father. The registered sale deed executed in favour of the petitioner on 29.02.2012 was made the basis of Hanstantaran report and the Mutation court also passed the order dated 21.01.2017 recording the name of the petitioner on the land in question. The Opposite party no.3 whose real name is Sripal son of Ram Dayal filed forged document to claim that he was Swami Dayal alias Sripal and filed an application for recall of order dated 21.05.2012 alongwith application for Condonation of delay on 23.06.2017. The said application was allowed and the order dated 21.05.2012 was recalled by the opposite party no.2 on 11.01.2019.
(4) The petitioner being aggrieved by the said order filed a Revision before the Opposite party no.1 under Section 219 of the U.P. Land Revenue Act (Ram Lal Vs. Sripal alias Swami Dayal) which has been rejected arbitrarily on 15.04.2020.
(5) It has been submitted by the learned counsel for the petitioner that the opposite party no.3 had also filed a Suit for cancellation of sale deed made out by the original Pyare Lal grandson of Swami Dayal in favour of the petitioner on 29.02.2012 which case is pending before the learned Civil Judge (Junior Division), Lakhimpur Kheri.
(6) Learned Standing Counsel has pointed out that the orders impugned have been passed in Mutation proceedings and a Regular Suit is also pending relating to the same property where the opposite party no.3 has prayed for cancellation of sale deed made out by Pyare Lal in favour of the petitioner. The petitioner is a party in the said Civil Suit. The mutation proceedings do not confer any Right, Title or Interest on the property in question. The mutation proceedings are summary proceedings and are held only to determine the liability of a person to pay tax to the Government. Since the Suit for cancellation of sale deed has been filed by the opposite party no.3 the petitioner may appear and plead his case before the learned Trial Court.
(7) This Court is convinced with the arguments raised by the learned Standing Counsel. Ordinarily, this Court does not interfere in Mutation proceedings as it is an exercise in futility when it is always open for the parties to get their right declared before the competent Civil or Revenue Court.
(8) This petition is disposed of with the observation that the mutation proceedings which stand revived by the orders impugned shall be subject to orders passed by the Competent Civil Court, where the case is pending between the petitioner and the opposite party no.3.
(9) No any third party interest created during pendency of proceedings, shall always be subject to decision by the Competent Civil Court.
Order Date :- 3.2.2021 PAL