KALAWATI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Ramendra Asthana, learned counsel for the petitioner, Sri Ajeet Kumar Singh, learned Additional Advocate General assisted by Sri J.P.N. Raj, learned Additional Chief Standing Counsel for the State respondents and Sri Rishikesh Tripathi, learned counsel for the respondent nos. 4 to 7.

(2.) The present petition has been filed seeking to raise a challenge to the order dtd. 5/10/2021 passed by the respondent no.1-Board of Revenue, U.P. at Lucknow dismissing the Revision No. REV/1789/2019/Banda (Computerized Case No. R20190711001789, Smt. Kalawati vs. Pramod Singh), the earlier order dtd. 16/8/2019 passed by the respondent no.2-Up-Ziladhikari, Banda in Appeal No. T2018017110104138 (Smt. Kalawati vs. Smt. Shiv Devi) and also the order dtd. 26/6/2018 passed by the respondent no.3- Naib Tehsildar Banda, in Case No. 00411/2018 (Computerized Case No. T201807110100411, Report Lekhpal vs. Gyan Singh) under Sec. 35 of Uttar Pradesh Revenue Code, 2006 [the Code 2006] rejecting the objection dtd. 13/2/2017 filed by the petitioner and allowing mutation application dtd. 2/1/2017 filed by Smt. Shiv Devi, predecessor-in-interest of the respondents nos. 4 to 7 in the present petition.

(3.) An objection has been taken by the counsel appearing for the respondents by pointing out that the orders which are sought to be challenged have been passed in mutation proceedings and the aforesaid proceedings being summary in nature which do not decide the rights of the parties, the present writ petition seeking to challenge the same would not be entertainable.