GIRISH CHANDRA Vs. APAR AYUKT (PRAKASHAN) GARHWAL MANDAI

JUDGEMENT

(1.) BY the present writ petition the petitioner has prayed for a writ of certiorari quashing the order dated 21 -05 -1998 of the Additional Commissioner and the order dated 14 -07 -1995 passed by Assistant Collector.

(2.) BRIEFLY stated the facts giving rise to the present writ petition are that in a mutation case before the Tehsildar,. Kotdwar Garhwal, petitioner was directed to be mutated in place of Prem Singh. Against the said order appeal has been preferred before the Assistant Collector, who partly allowed the same and the name of respondent no. 3 Sri Subhash was also directed to be entered with the petitioner as co -tenure holder vide order dated 14 -07 -1995. Against the said order a revision was preferred before the Commissioner Garhwal Division and the Commissioner vide order dated 21 -05 -1998 set aside the order passed by the Assistant Collector dated 14 -07 -1995 and directed that the name of respondent no. 3 Subhash Chandra be entered as Bhumidhar in place of Sri Prem Singh. The present writ petition has been preferred challenging the order dated 21 -05 -1998 passed by the Commissioner, Garhwal Division.

(3.) MUTATION proceedings do not decide rights or title of parties. These proceedings are just fiscal in nature and no writ petition under Article 226 of the Constitution of India is maintainable. Division Bench of Allahabad High Court in a case Jaipal vs. Board of Revenue, AIR 1957 Allahabad 205 has held as under: "The only exception to this general rule is in those cases in which the entry itself confers a title on the petitioner by virtue of the provisions of the U.P. Zamindari Abolition and Land Reforms Act. This petition does not fall in that class and we think, therefore, this Court should not entertain it. It is accordingly dismissed with costs.