SUBASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri B.K. Tripathi, learned counsel appearing for Gaon Sabha.

(2.) This writ petition has been filed assailing the appellate order dtd. 16/12/2020 as well as objection filed under Sec. 35(2) of the U.P. Revenue Code, 2006 which has been rejected by the respondent no.4 in mutation proceedings.

(3.) Sri Tripathi, learned counsel appearing for Gaon Sabha submitted that no writ petition lies against summary proceedings and in the present case mutation proceedings had been contested by the petitioner 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.