petitioners that as soon as they came to know about the cancellation of mutation entry in 1957, they immediately filed RTS Appeal ... Shantaben. They, for the first time, came to know about the cancellation of mutation entry in 1991 only i.e. after a period of almost
right, title, interest and possession over
the suit land and cancellation of mutation order in earlier suit (TS No.38/98) under
Order 2 Rule ... cause of action including declaration of right,
title and interest and cancellation of mutation order passed
under the Act to issue a quasi-
judicial order for the cancellation of mutations, as this action was taken
solely on administrative instructions from ... pertains to mutation No. 97 dated 16.05.2002, mutation No. 98 dated
16.05.2002, and mutation No. 105 dated 10.10.2004.
57.The aforementioned mutations were initially documented
under the Act to issue a quasi-
judicial order for the cancellation of mutations, as this action was taken
solely on administrative instructions from ... pertains to mutation No. 97 dated 16.05.2002, mutation No. 98 dated
16.05.2002, and mutation No. 105 dated 10.10.2004.
57.The aforementioned mutations were initially documented
order dated 16
October 1972.
5) The above position of cancellation of Mutation Entry No. 3342
continued for a long time. It appears that ... correction of Aakarphod Patrak/ Hissa Form No.4,
consequent to cancellation of Mutation Entry No.3342. It appears that
Petitioners were not impleaded
dispose off the present
suit filed by the plaintiff seeking declaration, cancellation of
mutation with consequential relief of permanent injunction but
during the pendency ... suit, the plaintiff had withdrawn the
relief of cancellation of mutation and now the only reliefs that are
pending adjudication are :
a) Decree of declaration
following the procedures contemplated under the Act.
2. Granting patta, its cancellation or mutation of revenue records are
to be carried on strictly by following ... conferred with
the power to deal with grant of patta, its cancellation or mutation of
revenue records. On receipt of an application, the authority
mutation effected by
the DDA, she had not sought cancellation of such mutation or
CS(OS) No. 651 of 2009 Page 9 of 18
cancellation ... basis of the mutation, the failure to seek a
declaration of the mutation to be illegal or for its cancellation are fatal
held applicable to exercise of revisional powers for cancellation of any mutation entry on the ground that the sate transaction reflected therein was in contravention ... taken beyond any reasonable time, by analogy the proceedings for cancellation of any mutation entry cannot be taken beyond any reasonable time.
5.1 In view
Piotr Muschalik vs . State Of H.P on 12 May, 2023
Bench: Tarlok Singh Chauhan
