Jagdish vs State Of U.P. And Another
2022 Latest Caselaw 10303 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 23178 of 2022
 

 
Petitioner :- Jagdish
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Prabhakar Dubey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajit Kumar,J.

Heard learned counsel for the parties and perused the record.

By means of this writ petition filed under Article 226 of the Constitution, the petitioner has prayed for a direction to the Sub-Divisional Magistrate, Sadar to consider and decide the application of the petitioner dated 10th December, 2020.

Learned counsel for the petitioner submits that earlier some report was obtained after conducting spot inspection of the land in question as District Magistrate has come to record a finding to the effect that petitioner was in possession over the land in question for a very long period of time and, therefore, he can also claim for mutation rights on the basis of succession.

Sri Rahul Malviya, learned Standing Counsel submits that it is a case where petitioner is seeking declaratory rights and mutation proceedings are not competent proceedings as they are only summary in nature and they do not decide any right or title. He further submits that in view of the judgment of Supreme Court in the case of Shri Ram v. 1st Additional District Judge, 2001 (3) SCC 24 if any tenure holder is not recorded over the land in question, he should seek declaratory decree from the competent revenue court if the land is agricultural land.

Having gone through the records and the representation and also the order of the District Magistrate, I find substance in the argument raised by the learned Standing Counsel.

Accordingly, I decline to interfere in the matter.

Liberty rests with the petitioner to apply for appropriate remedy under Section 144 of the U.P. Revenue Code, 2006.

With the aforesaid liberty, this petition is consigned to records.

Order Date :- 16.8.2022

Atmesh