- (1.) R. D. Shukla, J. This writ petition has been filed for a writ of certiorari praying for quashing of judgment and order dated 28-2-1998 in Annexure-10 to the writ petition passed by Additional Commissioner Allahabad.
(2.) THE aforesaid order passed by the Additional Commissioner set aside the order dated 6-10-1997, passed by the Assis tant Collector, Patti which was passed in ap pellate jurisdiction under Land Revenue Act and it set aside the order passed by the Tehsildar. THEse orders related to mutation proceedings on the basis of Will allegedly executed in favour of one of the parties before the Additional Commissioner. THE genuineness of the Will had been con tested in the mutation proceedings before these revenue authorities. THE order of the Additional Commissioner upheld the Will dated 20th January, 1978 executed by one Ram Avadh in favour of Gauri Shankar and Surya Narain. It is not in dispute be tween the parties that decision given by the Land Revenue Authorities in mutation proceedings can be challenged in a regular suit. THE decision given by the competent Court in such a suit when it becomes final shall be binding on the parties. The petitioner contended in this writ petition that the Additional Commissioner was not competent to pass the impugned order under Section 219 of Land Revenue Act on the ground that the impugned order considered facts and decided the question of genuineness of Will. A bare reading of Sec tion 219 of Land Revenue Act clearly shows that when there is material irregularity in the exercise of jurisdiction, the revisional Court can interfere under Sec-lion 219 of the said Act. The question of material irregularity always relate to mixed question of facts and law and, therefore, the impugned judgment ob viously has been passed under Section 219 of U. P. Land Revenue Act. The petitioner raised other conten tions regarding the date of death of the person who allegedly executed the Will, but again this is a question of fact and should not be gone into in this writ petition because only competent Court can give its finding when a suit is filed before it after the decision given by the revenue authorities in mutation proceedings as is the case with Annexure-10 to this writ petition.
(3.) EARLIER the revisional power with reference to mutation proceedings vested with Board of Revenue and its exercise depended upon the reference made by the Commissioner. Now this revisional power of Board of Revenue has been given under Section 219 of U. P. Land Revenue Act to the Commissioner. In Akhtar Hussain and another v. Board of Revenue, Lucknow and others, 1987 RD 244, it has been held that ques tion of title is not conclusively decided in mutation proceedings and parties can get a judgment from appropriate Court on question of their title over disputed property.;