- (1.) By means of present writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order passed by the Board of Revenue dated 12th November, 2002, whereby the Board of Revenue while deciding the revision filed by the contesting respondents set aside the order passed by the S.D.O./Assistant Collector 1st Class dated 6th August, 1999 and directed the name of Chhedi Lal, Manohar Lal and Vijai Kumar, sons of Khunnoo Lal be maintained in the revenue record.
(2.) The brief facts of the present case are that the proceeding under Section 34 of the Land Revenue Act (In short 'the Act') was initiated before the Assistant Collector 1st Class, who vide order dated 6th August, 1999 directed that the name of Chhedi Lal, Mahohar Lal and Vijai Kumar, sons of Khunnoo Lal be expunched from the land in dispute and in its place, the same be recorded as Usar/Banjar of Kanpur Development Authority. Aggrieved by the order dated 6th august, 1999 passed by the Assistant Collector 1st Class, the respondent in the present writ petition filed a revision under Section 219 of 'the Act' before the Board of Revenue. The Board of Revenue vide order dated 12th November, 2002 set aside the order passed by the Assistant Collector 1st Class dated 6th August, 1999 and directed the name of Chhedi Lal, Mahohar Lal and Vijai Kumar, sons of Khunnoo Lal be maintained in the revenue record. Heard learned counsel appearing on behalf of the parties.
(3.) Learned counsel for the contesting respondents has raised a preliminary objection that in view of the settled law of this Court, mutation proceedings under Section 34 of 'the Act' being summary proceedings and in fact do not decide any right or title, the High Court should not interfere with the order passed by the Board of Revenue in the writ petition. Learned counsel appearing on behalf of the petitioner has relied upon recent decision of this Court reported in 2001 R.J., 1214 - Mahavir Vs. Board of Revenue and others, wherein this Court relying upon a Division Bench decision of this Court reported in 1956 A.L.J., 807 - Jaipal Minor Vs. The Board of Revenue U.P. Allahabad and others, have arrived at the aforesaid conclusion.;