Mohan Singh Kharai And Others ... vs State Of Uttarakhand And Others
2025 Latest Caselaw 1444 UK

Uttarakhand High Court

Mohan Singh Kharai And Others ... vs State Of Uttarakhand And Others on 1 August, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                         2025:UHC:6793

      HIGH COURT OF UTTARAKHAND
                        AT NAINITAL

     Writ Petition (M/S) No. 2238 of 2025

Mohan Singh Kharai and others                      ...Petitioners
                                Versus
State of Uttarakhand and others                    ...Respondents

Advocates :   Mr. M.S. Pal, Senior Advocate assisted by Ms. Amreen Bano,
              Advocate for petitioners
              Mr. K.N. Joshi, Deputy Advocate General for the State.


                                          Reserved on :31.07.2025
                                          Delivered on :01.08.2025

Hon'ble Manoj Kumar Tiwari, J.

1. Petitioners have challenged judgment and order dated 07.11.2023 and 27.06.2025, passed by Collector, Nainital and Additional Commissioner, Kumaun Mandal, respectively, in mutation proceedings.

2. By judgment dated 07.11.2023, passed by Collector, Nainital in Appeal No. 15/14 of 2014-2015, mutation order passed by Tehsildar, Kaladhungi, District Nainital on 17.04.2012 was set aside and the matter was remanded back to Tehsildar, to decide the mutation application afresh after hearing the parties. The Additional Commissioner, Kumaun Mandal, vide order dated 27.06.2025 affirmed the order passed by Collector, Nainital.

3. I have gone through the judgment rendered by learned Collector, Nainital, as affirmed by Additional Commissioner, Kumaun Mandal. Learned Collector has given valid reason for setting aside the mutation order

2025:UHC:6793 passed by Tehsildar, Kaladhungi and have remanded the matter back to Tehsildar.

4. Perusal of Collector's judgment indicates that title dispute is also involved in the matter; the land in question belonged to one Mr. Bakhtawar Singh and after his death, several persons claimed title over his land, some based on gift deed and others based on will.

5. Petitioners claim to have purchased the land in question from respondent No. 3 and respondent No. 3 purchased the said land from respondent No. 2. Since Collector, Nainital has considered and discussed all relevant aspects for setting aside the mutation order and remanding the matter back to Tehsildar, therefore, this Court is not inclined to interfere in the matter.

6. Law is well settled that mutation of name in revenue record neither creates nor extinguishes title. Mutation is done for fiscal purposes i.e. collection of land revenue. Disputed question of title cannot be decided in mutation proceeding, therefore, I dispose of the writ petition with liberty to petitioners to approach a competent Court of law by filing a regular suit for declaration of their rights.

(Manoj Kumar Tiwari, J.) 01.08.2025 Mahinder/

MAHINDER SINGH

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.08.01 15:53:07 +05'30'