Laxmi Narain And Others vs State Of U.P. Thru Teh Court Of Board Of ...
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Allahabad High Court

Laxmi Narain And Others vs State Of U.P. Thru Teh Court Of Board Of ... on 21 November, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:181766
 
Court No. - 49
 

 
Case :- WRIT - B No. - 48878 of 2006
 

 
Petitioner :- Laxmi Narain And Others
 
Respondent :- State Of U.P. Thru Teh Court Of Board Of Revenue And Others
 
Counsel for Petitioner :- I.M. Kushwaha
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1. Heard Sri K.K. Tiwari, learned counsel for petitioners.

2. This writ petition is pending since 2006, however, according to order sheet, no interim order was granted.

3. At the outset, learned Standing Counsel for State refers the order dated 20.03.1985 whereby the land in dispute is being directed to record in the name of Gaon Sabha in a mutation proceedings and that since said proceedings are summary in nature, therefore, even in extraordinary circumstances, writ petition could not be maintainable.

4. Learned counsel for petitioner has not able to contradict above submissions.

5. In aforesaid circumstances and taking note of above submissions as well as judgment of Supreme Court in Jitendra Singh vs. State of Madhya Pradesh and others, 2021 SCC Online SC 802, no circumstance exists which warrants interference in orders passed in proceedings arising out of mutation which are summary in nature and that it does not create any right or title.

6. In view of above, writ petition lacks merit, hence, dismissed.

Order Date :- 21.11.2024

N. Sinha