LOK NATH MISHRA Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2012-1-527
HIGH COURT OF ALLAHABAD
Decided on January 12,2012

Lok Nath Mishra Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

Pankaj Mithal, J. - (1.) HEARD Learned Counsel for the petitioner.
(2.) THE dispute is regarding recording of the land as pond. For which purpose petitioner applied for correction under Section 33/39 of U.P. Land Revenue Act, 1901. The orders passed have been set aside and the matter has been remanded by Board of Revenue.
(3.) PETITIONER has filed this writ petition against the order of remand dated 22.9.2011 passed by the Board of Revenue. The law is well -settled that: (i) mutation proceedings are summary in nature wherein title of the parties over the land involved is not decided; (ii) mutation order or revenue entries are only for the fiscal purposes to enable the State to collect revenue from the person recorded; (iii) they neither extinguish nor create title; (iv) the order of mutation does not in any way effect the title of the parties over the land in dispute; and (v) such orders or entries are not documents of title and are subject to decision of the competent court.;


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