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"11. This Court has consistently taken the view as is apparent from the decisions of this Court referred above that writ petition challenging the orders passed in mutation proceedings are not to be entertained. To my mind, apart from there being remedy of getting the title adjudicated in regular suit, there is one more reason for not entertaining such writ petition. The orders passed under Section 34 of the Act are only based on possession which do not determine the title of the parties. Even if this Court entertains the writ petition and decides the writ petition on merits, the orders passed in mutation proceedings will remain orders in summary proceedings and the orders passed in the proceedings will not finally determine the title of the parties."

11. The settled legal position that orders of mutation are passed on the basis of possession and since no substantive rights of the parties are decided, ordinarily a writ petition would not be entertainable against such orders unless the same are found to be wholly without jurisdiction or have the effect of rendering findings which are contrary to title already decided by a competent court, was reiterated in the case of Vinod Kumar Rajbhar Vs. State of U.P. and others9.

12. Taking note of the nature and scope of mutation proceedings which are summary in nature and also the fact that orders in such proceedings are passed on the basis of possession of the parties and no substantive rights are decided, this Court in Buddh Pal Singh Vs. State of U.P. & Ors.10, restated the principle that ordinarily a writ petition in respect of orders passed in mutation proceedings is not maintainable. It was observed as follows:-

(i) mutation proceedings are summary in nature wherein title of the parties over the land involved is not decided;
(ii) mutation order or revenue entries are only for the fiscal purposes to enable the State to collect revenue from the person recorded;
(iii) they neither extinguish nor create title;
(iv) mutation in revenue records does not have any presumptive value on the title and no ownership is conferred on the basis of such entries;
(v) the order of mutation does not in any way effect the title of the parties over the land in dispute; and
"18. Although it is settled that mutation proceedings is fiscal in nature and the orders passed therein do not decide the right and title of the parties, therefore, the orders passed therein being summary in nature, writ petition would not be maintainable, but here in this case since there is jurisdictional error, therefore the writ petition would lie against such orders, where revisional court has failed to exercise the jurisdiction vested in it. It may also be noticed that although the orders deciding the mutation case do not decide the right and title of the parties. The judgements rendered therein are not binding upon the Courts deciding the title of the matter but it may be kept in mind that the person whose name is recorded in the revenue record can transfer the land through registered sale deed, gift deed etc. In case the sale deed is executed only because of recording of name without there being any valid title, the remedy, for the aggrieved person would be to file a suit but for cancellation of sale deed, not for declaration of right which would consume a very long time and in the meantime even the nature of the land may be changed. Further, the possession would be enjoyed by the persons in whose favour an order of mutation has been passed or the transferee without there being any valid title and the person having valid title will become a looser (sic loser) for the years together and in some cases if the land has gone in the hands of mafia or musclemen, the rightful owner may not be able to get the fruit of litigation during his life time. These contingencies and situations of the cases, although, may not have legal weight but the factual matrix and the reality of the same cannot be brushed aside while entertaining writ petitions against the orders passed in mutation cases."