Nisar Ahmed vs Mukhtar Ahmed

Manoj Kumar Tiwari, J

By means of present writ petition, petitioner has sought the following reliefs:-

(i) Issue a writ, order or direction in the form of certiorari quashing the order dated 13.12.2013 (Annexure no.1) passed by Board of Revenue Uttarakhand in Revision No.59 of 2012-13 under section 219 of U.P. Land Revenue Act, Nisam Ahmed vs. Mukhtar Ahmed and others and order dated 25.03.2013 (Annexure No.2) passed by Assistant Collector I Class Roorkee in Appeal No.21 of 2012-13 under section 210 of U.P. Land Revenue Act, Nisar Ahmed vs. Mukhtar Ahmed and order dated 17.12.2012 (Annexure No.3) passed by Additional Tehsildar Roorkee in case no.320 of 2011-12 Mukhtar Ahmed vs. Nisar Ahmed under section 34/35 of U.P. Land Revenue Act and further to allow the restoration application with direction to Tehsildar Roorkee to decide the mutation proceedings on merits after giving opportunity to the parties to contest the same.

A perusal of the relief clause of the writ petition indicates that the petitioner is aggrieved by the orders passed by different authorities in mutation proceedings. It is undisputed fact that title dispute qua the selfsame property, which was involved in the mutation proceedings, is pending before the competent Civil Court in O.S. No.170/2012. It is settled position in law that title cannot be decided in mutation proceedings and mutation is done solely for fiscal purpose.

In such view of the matter, this Court is not inclined to interfere with the orders impugned in the writ petition. However, having regard to the facts and circumstances of the case, writ petition is disposed of by providing that the order of mutation, challenged in the present writ petition, will abide by the decision of the civil court in the pending title dispute.