J.J. Munir, J. - (1.) This writ petition has been filed challenging the order dated 05.11.2018 and 22.03.2018 passed by respondent nos. 1 and 2. By these orders, mutation said to have been ordered way back on 10.06.1978 in favour of the petitioner on the basis of a registered Will dated 7.8.1973 in Khatauni for the fasli? 1381 to 1386 of Khata nos. 66, 67, 331 and 334, Village Agaura Ameerpur, Pargana and Tehsil Khurja, District Bulandshahar, has been set aside. This mutation in favour of the petitioner in the year 1978 was based on an order of the Supervisor Kanoongo who never had jurisdiction to pass that kind of order of mutation based on a Will. The submission of learned counsel for the petitioner is that on the basis of said mutation he has his rights recorded over the relevant Khasra numbers of the Khata for the past 40 years, which ought not to be described at this point of time.
(2.) Sri Ved Prakash Mishra, learned Standing Counsel appearing on behalf of the State has resisted the motion to admit this petition to hearing.
(3.) It is well known as a salutary principle of law that an order passed without jurisdiction is a nullity. Lack of jurisdiction may be of various kinds. It may be territorial, pecuniary or one relating to subject matter. While in cases of lack of territorial or pecuniary jurisdiction, long passage of time is a ground not to disturb the order made by a Court or an Authority that did not have territorial or pecuniary jurisdiction, but in a case where issue relates to jurisdiction vis-a-vis the subject matter, lack of jurisdiction can never be cured. It goes to the root of the matter and renders the entire exercise and the result, all a nullity. The order passed by the Supervisor Kanoongo granting mutation in favour of the petitioner on 10.06.1978 is, therefore, a nullity and has rightly be rescinded by the Sub Divisional Officer, Khurja. But this is not to say that the petitioner has no right based on the basis of the Will dated 7.8.1973 which he propounds. It is for the petitioner to establish his right based on the Will that he propounds before a Court of competent jurisdiction. Anything said in this order, or by the Sub Divisional Magistrate in the orders impugned will not come in the petitioner's way or prejudice his right to establish his claim based on the Will aforesaid. So far as the relief claimed in this petition is concerned, the same cannot be granted.;