HAMID SHAH KHAN Vs. DISTRICT MAGISTRATE, RA
LAWS(ALL)-2012-5-13
HIGH COURT OF ALLAHABAD
Decided on May 10,2012

Hamid Shah Khan Appellant
VERSUS
District Magistrate, Ra Respondents

JUDGEMENT

- (1.) HEARD Sri P.K. Asthana, learned counsel for petitioner and perused the record.
(2.) WRIT petition is directed against the orders dated 8/9.7.1997 which relate to mutation. This Court in Arjun Vs. Board of Revenue and others 1983 All. L.J. NOC 1, placing reliance on Jaipal Vs. Board of Revenue AIR 1957 All. 205 and Lekhraj and another Vs. Board of Revenue and others 1980 All. L.J. 904 dismissed the writ petition challenging the revisional order arising out of mutation proceedings, observing that the aggrieved party having efficacious alternative remedy of suit for seeking redress of his grievance, petition is not maintainable.
(3.) RECENTLY , an Hon'ble Single Judge of this Court in Writ Petition No. 25961 of 2008 (Smt. Anisa Khan Vs. State of U.P. and others), decided on 29.7.2010 placing reliance on Jaipal Vs. Board of Revenue (supra), Summer Lal Vs. Board of Revenue 1996 (87) RD 569, Sahed Jan @ Bonde Vs. Board of Revenue 2004 (96) RD 656 and Jagdish Narain Vs. Board of Revenue 2007 (102) RD 20, referring to the impugned orders in that writ petition observed as under: "All the three authorities have decided the mutation proceedings and as such being summary in nature cannot be the subject matter of interference in this writ petition since the said impugned orders do not confer any title on the respondents and are only made for the purpose of either realization of land revenue or to refer to possession at that time." ;


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