Shoeb Hasan Ansari vs Nagar Nigam And Another
2022 Latest Caselaw 12869 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7081 of 2022
 

 
Petitioner :- Shoeb Hasan Ansari
 
Respondent :- Nagar Nigam And Another
 
Counsel for Petitioner :- Azm Sayeed
 
Counsel for Respondent :- Satyavrat Sahai,Arun Kumar
 

 
Hon'ble Vivek Chaudhary,J.

The petitioner has approached this Court challenging the order dated 29.8.2002 passed by the Nagar Nigam, Allahabad in Misc. Case No. 378/Ward-38/2003-2004 and judgment and order dated 19.119.3.2013 passed by the Judge Small Causes Court, Allahabad in Mutation Appeal No. 187 of 2005 and judgment and order dated 7.5.2018 passed by the Additional District Judge, 14 Allahabad in Mutation Appeal No. 05 of 2017 (Shoeb Hasan vs. Nagar Nigam, Allahabad and others).

All the courts below have held against the petitioner with regard to the mutation.

Shri Arun Kumar, counsel for respondent No. 1 Nagar Nigam raises a preliminary objection that the mutation proceedings are summary in nature and does not impact the title of the petitioner in any manner.

The law with regard to the mutation is well settled that mutation entry does not confer any right, title or interest in favour of the person and it is only recorded for the fiscal purpose. The petitioner, therefore, has a remedy of filing a proper suit for declaration of his title.

The said suit would have no effect by the decision in mutation as the mutation itself is a summary proceedings and not a regular.

With the aforesaid observation, the petition is disposed of.

Order Date :- 13.9.2022

Sumaira

(Vivek Chaudhary, J.)