RAM SAHAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Shiv Ram Dubey, learned counsel for the petitioners, learned Standing Counsel for respondent nos. 1 to 3 and Sri Ashutosh Pandey, learned counsel for the respondent no. 4.

(2.) This writ petition has been filed assailing the orders dtd. 8/2/2021, 25/3/2015 and 10/10/2013 passed by the respondent nos. 2 and 3 respectively in mutation proceedings.

(3.) Learned Standing Counsel as well as learned counsel appearing for the respondent no. 4, at the very outset, raised a preliminary objection that no writ petition lies against summary proceedings and in the present case mutation proceedings had been contested by the petitioners till the stage of revision and no writ petition lies against the order of revisional authority and the only relief can be claimed by filing a regular suit for declaration of title. Reliance has been placed upon a decision of this Court in case of Mathura Vs. State of U.P. and others, 2012 (4) AWC 3825. Learned Standing Counsel further submits that as the mutation proceedings are summary in nature, petitioner has remedy of filing a declaratory suit for declaring his right under Sec. 144 of the U.P. Revenue Code, 2016.