Balchand vs State Of U.P. And 10 Others
2023 Latest Caselaw 10975 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 
Case :- WRIT - C No. - 8997 of 2023
 
Petitioner :- Balchand
 
Respondent :- State Of U.P. And 10 Others
 
Counsel for Petitioner :- Onkar Nath Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rohit Ranjan Agarwal,J.

This matter relates to mutation proceedings which was dismissed, thereafter, restoration application was filed which was also dismissed. Against which an appeal was preferred under Section 201 which was also dismissed.

As the mutation proceedings are summary in nature, writ petition challenging the mutation proceedings under Article 226 of the Constitution is not maintainable.

The co-ordinate Bench of this Court in case of Kalawati Vs. Board of Revenue and 6 others, 2022 (4) ADJ 578 has held that writ petition under Article 226 of the Constitution of India is not maintainable in summary proceedings. Relevant Para 40 of the said judgment is reproduced here as under:-

"40. Having regard to the foregoing discussion the exceptions under which a writ petition may be entertained against orders passed in mutation proceedings would arise where :

(i) the order or proceedings are wholly without jurisdiction;

(ii) rights and title of the parties have already been decided by a competent court, and that has been varied in mutation proceedings;

(iii) mutation has been directed not on the basis of possession or on the basis of some title deed, but after entering into questions relating to entitlement to succeed the property, touching the merits of the rival claims;

(iv) rights have been created which are against provisions of any statute, or the entry itself confers a title by virtue of some statutory provision;

(v) the orders have been obtained on the basis of fraud or misrepresentation of facts, or by fabricating documents;

(vi) the order suffers from some patent jurisdictional error i.e. in cases where there is a lack of jurisdiction, excess of jurisdiction or abuse of jurisdiction;

(vii) there has been a violation of principles of natural justice."

Writ petition fails and is hereby dismissed.

Order Date :- 12.4.2023

V.S.Singh