Haridayee vs State Of U.P. Thru Secy. Revenue ...
2018 Latest Caselaw 4516 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- MISC. SINGLE No. - 37787 of 2018
 

 
Petitioner :- Haridayee
 
Respondent :- State Of U.P. Thru Secy. Revenue Lucknow And Ors.
 
Counsel for Petitioner :- Puttan Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Heard learned counsel for the petitioner and learned State Counsel.

Under challenge in these proceedings instituted under Article 226 of the Constitution of India are the orders passed by the revenue authorities in a mutation case.

It is settled that the mutation proceedings are summary in nature and no right or title of the parties are decided and further that these proceedings are drawn only for fiscal purposes. It is also equally settled that the orders passed in mutation case are always subject to declaration which may be sought by the parties by instituting a declaratory suit.

Accordingly, without interfering in the orders which are under challenge herein, the petition is finally disposed of with liberty to the petitioner to institute a declaratory suit under section 144 of the U.P. Revenue Code, 2006 before the court of competent revenue jurisdiction.

Order Date :- 21.12.2018

akhilesh/