Uttarakhand High Court

WPMS/1150/2025 on 15 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                 2025:UHC:3964
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                               WPMS/1150/2025
                               Hon'ble Manoj Kumar Tiwari, J
                               1.

Mr. S.K. Pandey, learned counsel for the petitioners.

2. Mr. P.S. Bisht, learned Additional C.S.C. for the State of Uttarakhand.

3. Petitioner has challenged the order dated 07.07.2023 passed by Assistant Collector 1st Class, Almora in Appeal No. 12 of 2022-23. He has also challenged the judgment dated 07.01.2025 passed by Additional Commissioner, Kumaon Division in Revision No. 106 of 2022-23.

4. Perusal of the impugned judgment reveals that petitioner had applied for mutation in respect of a transfer, which allegedly was made in favour of his father, by registered sale deed, in the year 1955. Learned courts below have decided the mutation case against the petitioner by holding that long-standing entry cannot be changed by mutation proceedings.

5. The view taken by both the courts below is correct. Law is well settled that for changing long-standing entry, the only remedy is by way of filing a regular suit. Thus, the remedy of filing a declaratory suit under Section 229-B of UPZA&LR Act is available to the petitioner.

6. Even otherwise also, mutation of name in revenue record does not create any right. It neither creates title nor extinguishes the same. This Court 2025:UHC:3964

declines to interfere in the matter.

7. Accordingly, the writ petition is disposed of with liberty to petitioner to approach appropriate forum for declaration of his right.

(Manoj Kumar Tiwari, J) 15.05.2025 Aswal

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

NITI RAJ ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005a a85f9802a3a08b08d1369512ea30f3,

SINGH ASWAL postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3 D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.05.15 17:24:01 -07'00'