Tilakdhari & Others vs Addl. Commissioner Ayodhya ...
2021 Latest Caselaw 1494 ALL

Citation : 2021 Latest Caselaw 1494 ALL
Judgement Date : 22 January, 2021

Allahabad High Court

Tilakdhari & Others vs Addl. Commissioner Ayodhya ... on 22 January, 2021

Bench: Sangeeta Chandra




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- MISC. SINGLE No. - 1342 of 2021
 

 
Petitioner :- Tilakdhari & Others
 
Respondent :- Addl. Commissioner Ayodhya Division Ayodhya & Another
 
Counsel for Petitioner :- Rizwan Ali,Mohd. Wajid Irfan
 
Counsel for Respondent :- C.S.C.,Arvind Kumar
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

(1) This petition has been filed praying for quashing of the order dated 21.12.2020 passed by the Additional Commissioner (Administration), Ayodhya, rejecting the Revision No.0094 of 2020 filed by the petitioner against the order dated 31.12.2019 passed by the Sub Divisional Magistrate, Ambedkar Nagar.

(2) Learned Standing Counsel has raised a preliminary objection regarding the maintainability of the petition as it has been filed challenging the orders passed on Mutation application.

(3) It has been submitted on the basis of judgments rendered by this Court in Lal Bachan Vs. State of U.P. and others reported in 2002 (1) AWC 169, and Awadhesh Singh Vs. Additional Commissioner, reported in 2017 (9) ADJ 378 that writ petitions are ordinarily not entertained in matters relating to Mutation proceedings as no Right, Title or Interest is created on the basis of orders passed in Mutation alone. The mutation proceedings are summary proceedings and which are held only to determine the liability to pay the Revenue to the Government. It is always open for the parties to file a Suit for declaration of their rights before the competent Civil or Revenue Courts.

(4) Shri Arvind Kumar, appearing for the Opposite party no.2 has also pointed out to the Court that the proceedings regarding the same property are pending before the Consolidation Courts and the Settlement Officer (Consolidation) is seized of the Appeal filed by the petitioners.

(5) This Court finds no good ground to show interference in the orders passed in Mutation as such orders will always be subject to final orders passed during Consolidation proceedings.

(6) The petition stands disposed of.

Order Date :- 22.1.2021

PAL