Upper Ganges Sugar Industries Private Limited v. Mohan Lal Khandeliya as contained in Annexure no

2. Heard Sri Shobhit Mohan Shukla, learned counsel for the petitioners, Sri Sudeep Kumar, Ashutosh Kumar Shukla learned counsel for the respondents and Sri Hemant Kumar Pandey, learned State Counsel.

3. The present petition has been filed seeking the following main relief(s):- "(i) to issue a writ, order or direction in the nature of Certiorari quashing the impugned judgment and order dated 22.05.2023 passed by the opposite party no. 1 in Revision No. 1297 of 2023, Computerized No. R20231316001297 preferred by the opposite party no. 5 as contained in Annexure no.1. (ii) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 24.07.2021 passed by the Tehsildar, Tehsil Dhampur, District Bijnor in Case No.00548 of 2020, Computerized Case No. T202013160300548, Upper Ganges Sugar Industries Private Limited Vs. Mohan Lal Khandeliya as contained in Annexure no. 2 to the writ petition. (iii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to give effect to the judgment and orders dated 22.05.2023 passed by the opposite party no. 1 and order dated 24.07.2021 passed by the Tehsildar, Tehsil Dhampur, District Bijnor as contained in Annexure No. 1 and 2 respectively to the writ petition. (iv) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to deliver the possession of the land to the petitioner and thereafter not to disturb the possession of the petitioner from the land in question, however, after getting it restored in its original shape by the District and Revenue Authorities of District Bijnor including Police Authorities."

4. Vide impugned order 22.05.2023, the respondent No.1/Board of Revenue, U.P., Lucknow partially allowed the revision registered as Revision No. REV/1297/2023/Bijnor, Computerized Case No. R20231316001297 (Awadh Sugar and Energy Ltd. Vs. Sub Divisional Magistrate), under Section 210 of Uttar Pradesh Revenue Code, 2006 (in short the "Code of 2006") and set aside the order dated 19.01.2022 passed by the respondent No. 3/Sub Divisional Officer, Tehsil, Dhampur, District- Bijnor in Case No. 810/2022, Computerized Case No. T202213160300810, under Section 35(2) of the Code of 2006, whereby the respondent No. 3 stayed implementation of the order dated 24.07.2021 passed by the respondent No. 4/ Tehsildar, Tehsil Dhamput, District Bijnor, in Mutation Case No. 00548/2020, Computerized Case No.T202013160300548, under Section 34/ 35 of the Code of 2006.

5. Thus, the subject matter of the present petition relates to mutation proceedings.

6. It is to be noted that the mutation proceedings are summary in nature and they do not decide any right or title between the parties; rather they are drawn only for fiscal purposes. Furthermore, the order passed in mutation proceedings are always subject to declaration of rights which may be sought by the parties concerned by instituting a regular suit.

7. Section 40A of the U.P. Land Revenue Act, 1901, (now repealed) as also Section 39 of U.P. Revenue Code, 2006, which is applicable w.e.f. 11.02.2016, makes it clear that no mutation order shall debar any person from establishing his rights in the land by means of a regular suit.

8. Mutation of a property in revenue record does not create or extinguish title nor has it any presumptive value on title. It only enables the person in whose favour mutation is ordered to pay the land revenue. The mutation proceedings do not adjudicate the rights of the parties and orders passed in mutation proceedings are always subject to adjudication by competent Court.

9. Considered the aforesaid as also that the suit in terms of Section 144 of U.P. Revenue Code, 2006 filed by the petitioner is pending consideration in the revenue court of first instance dealing with the matter i.e. Sub Divisional Officer, Dhampur, District- Bijnor wherein the order dated 18.03.1964 is in the issue which is also in issue in the present petition and therefore any observation made on the merits of the case to the view of this Court would affect the rights of the parties in the suit pending before the respondent No. 3-Sub Divisional Office, Dhampur, District- Binjor.

10. Upon due consideration of the aforesaid, this Court is not inclined to entertain the present petition. It is accordingly disposed of with direction to respondent No. 3-Sub Divisional Office, Dhampur District- Binjor to conclude the proceedings of Case No.00548 of 2020, Computerized Case No. T202013160300548 within a period of one year from the next date fixed in the said case, in accordance with law, if there is no other legal impediment. It is in view of the fact that the suit was filed in the month of February 2019, as appears from the copy of the plaint annexed as Annexure No. 13 to the present petition, and in terms of para 458(1) of U.P. Revenue Court Manual, a suit preferred for declaration of rights should preferably be decided by the revenue court concerned within a period of one year from the date of filing of the same.

11. To conclude the proceedings in the aforesaid period, the respondent No. 3-Sub Divisional Officer, Dhampur, District- Binjor shall avoid unnecessary adjournments to either of the parties.

12. Till disposal of the suit aforesaid, the parties shall not alienate or transfer the property in dispute.

13. It is made clear that this Court has not considered the merits of the case, as such, it is expected that the concerned authority/court would pass the order(s) in the suit aforesaid after due consideration of the facts of the case and the evidence adduced by the parties as also the law on the issue involved.

14. With the aforesaid observations, the petition is disposed of. Order Date :- 2.5.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

2. Heard Sri Shobhit Mohan Shukla, learned counsel for the petitioners, Sri Sudeep Kumar, Ashutosh Kumar Shukla learned counsel for the respondents and Sri Hemant Kumar Pandey, learned State Counsel.

3. The present petition has been filed seeking the following main relief(s):- "(i) to issue a writ, order or direction in the nature of Certiorari quashing the impugned judgment and order dated 22.05.2023 passed by the opposite party no. 1 in Revision No. 1297 of 2023, Computerized No. R20231316001297 preferred by the opposite party no. 5 as contained in Annexure no.1. (ii) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 24.07.2021 passed by the Tehsildar, Tehsil Dhampur, District Bijnor in Case No.00548 of 2020, Computerized Case No. T202013160300548, Upper Ganges Sugar Industries Private Limited Vs. Mohan Lal Khandeliya as contained in Annexure no. 2 to the writ petition. (iii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to give effect to the judgment and orders dated 22.05.2023 passed by the opposite party no. 1 and order dated 24.07.2021 passed by the Tehsildar, Tehsil Dhampur, District Bijnor as contained in Annexure No. 1 and 2 respectively to the writ petition. (iv) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to deliver the possession of the land to the petitioner and thereafter not to disturb the possession of the petitioner from the land in question, however, after getting it restored in its original shape by the District and Revenue Authorities of District Bijnor including Police Authorities."

4. Vide impugned order 22.05.2023, the respondent No.1/Board of Revenue, U.P., Lucknow partially allowed the revision registered as Revision No. REV/1297/2023/Bijnor, Computerized Case No. R20231316001297 (Awadh Sugar and Energy Ltd. Vs. Sub Divisional Magistrate), under Section 210 of Uttar Pradesh Revenue Code, 2006 (in short the "Code of 2006") and set aside the order dated 19.01.2022 passed by the respondent No. 3/Sub Divisional Officer, Tehsil, Dhampur, District- Bijnor in Case No. 810/2022, Computerized Case No. T202213160300810, under Section 35(2) of the Code of 2006, whereby the respondent No. 3 stayed implementation of the order dated 24.07.2021 passed by the respondent No. 4/ Tehsildar, Tehsil Dhamput, District Bijnor, in Mutation Case No. 00548/2020, Computerized Case No.T202013160300548, under Section 34/ 35 of the Code of 2006.

5. Thus, the subject matter of the present petition relates to mutation proceedings.

6. It is to be noted that the mutation proceedings are summary in nature and they do not decide any right or title between the parties; rather they are drawn only for fiscal purposes. Furthermore, the order passed in mutation proceedings are always subject to declaration of rights which may be sought by the parties concerned by instituting a regular suit.

7. Section 40A of the U.P. Land Revenue Act, 1901, (now repealed) as also Section 39 of U.P. Revenue Code, 2006, which is applicable w.e.f. 11.02.2016, makes it clear that no mutation order shall debar any person from establishing his rights in the land by means of a regular suit.

8. Mutation of a property in revenue record does not create or extinguish title nor has it any presumptive value on title. It only enables the person in whose favour mutation is ordered to pay the land revenue. The mutation proceedings do not adjudicate the rights of the parties and orders passed in mutation proceedings are always subject to adjudication by competent Court.

9. Considered the aforesaid as also that the suit in terms of Section 144 of U.P. Revenue Code, 2006 filed by the petitioner is pending consideration in the revenue court of first instance dealing with the matter i.e. Sub Divisional Officer, Dhampur, District- Bijnor wherein the order dated 18.03.1964 is in the issue which is also in issue in the present petition and therefore any observation made on the merits of the case to the view of this Court would affect the rights of the parties in the suit pending before the respondent No. 3-Sub Divisional Office, Dhampur, District- Binjor.

10. Upon due consideration of the aforesaid, this Court is not inclined to entertain the present petition. It is accordingly disposed of with direction to respondent No. 3-Sub Divisional Office, Dhampur District- Binjor to conclude the proceedings of Case No.00548 of 2020, Computerized Case No. T202013160300548 within a period of one year from the next date fixed in the said case, in accordance with law, if there is no other legal impediment. It is in view of the fact that the suit was filed in the month of February 2019, as appears from the copy of the plaint annexed as Annexure No. 13 to the present petition, and in terms of para 458(1) of U.P. Revenue Court Manual, a suit preferred for declaration of rights should preferably be decided by the revenue court concerned within a period of one year from the date of filing of the same.

11. To conclude the proceedings in the aforesaid period, the respondent No. 3-Sub Divisional Officer, Dhampur, District- Binjor shall avoid unnecessary adjournments to either of the parties.

12. Till disposal of the suit aforesaid, the parties shall not alienate or transfer the property in dispute.

13. It is made clear that this Court has not considered the merits of the case, as such, it is expected that the concerned authority/court would pass the order(s) in the suit aforesaid after due consideration of the facts of the case and the evidence adduced by the parties as also the law on the issue involved.

14. With the aforesaid observations, the petition is disposed of. Order Date :- 2.5.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench