Smt. Shivpati vs State Of U.P. Thru. Collector ...
2021 Latest Caselaw 8570 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- MISC. SINGLE No. - 15403 of 2021
 

 
Petitioner :- Smt. Shivpati
 
Respondent :- State Of U.P. Thru. Collector Ayodhya & Ors.
 
Counsel for Petitioner :- Saryu Prasad Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

(1) Heard the learned counsel for the petitioner.

(2) I have perused the order impugned dated 01.06.2018 passed by the Tehsildar, Tehsil Bikapur, Ayodhya, and the order dated 22.01.2021 passed by the Additional Commissioner (Administration), Ayodhya Division, Faizabad, (Ayodhya). From a perusal of the order-sheet impugned, it is apparent that the order has been passed in pursuance of the Mutation proceedings on the basis of a registered sale deed allegedly made out by the husband of the petitioner one Ram Laut in favour of the contesting respondents.

(3) Ordinarily, the writ petitions are not entertained in Mutation proceedings as Mutation proceedings are summary in nature and no right, title or interest is determined on the basis of Mutation proceedings and it is always open for the parties to get their rights declared before the Competent Revenue/Civil Court. There are few exceptions to the said Rule and they have been clearly defined in a judgment rendered by me in Smt. Hadisul Nisha Vs. Additional Commissioner (Judicial), Faizabad and Others Writ Petition No.5147 (M/S) of 2015 decided on 25.06.2021. The case of the petitioner does not fall in any of the exceptions mentioned in the said judgment.

(4) This petition is dismissed as not maintainable leaving it open for the petitioner to get her right declared before the Competent Revenue/Civil Court.

Order Date :- 23.7.2021

PAL