Search Results Page

Search Results

1 - 10 of 15 (0.69 seconds)
Documents citing Awadhesh Rai & Others vs Additional Commissioner (Food) ... on 3 August, 2010

Lalita Devi And 2 Ors. vs Board Of Revenue U.P. Lucknow Thru ... on 8 January, 2020

(19) Learned counsel for the petitioners Shri Indrajeet Shukla, on the other hand, in his reply has submitted that this Court in Awadhesh Singh Vs. Additional Commissioner and Others Writ-C 13751 of 2005 decided on 04.08.2017 has mentioned. The exceptions where this Court can interfere even in orders passed in mutation proceedings. It has been observed by this Court that where an order has been passed without jurisdiction or that it confers rights against the settled position in law, an order passed in mutation proceedings can be interfered with in writ jurisdiction.
Allahabad High Court Cites 11 - Cited by 0 - S Chandra - Full Document

Aman Kumar @ Aman Agrawal And Another vs State Of U.P. And 7 Others on 23 January, 2023

"24. This Court has already held in Awadhesh Singh Vs. Additional Commissioner, 2017 (9) ADJ 378 that writ petitions against Mutation Proceedings can be entertained, but on two grounds only (a) if the order impugned has been passed without jurisdiction or going beyond the jurisdiction that is vested in the authority by the Act and the Rules (b) if the order impugned creates, rights in favour of the parties or liabilities against the parties, which are against the settled provisions of the Statute or against a decision given inter-parties by a Competent Court of law.
Allahabad High Court Cites 25 - Cited by 0 - S S Shamshery - Full Document

Abdul Hameed And Another vs Nagar Palika Parishad Bela Pratapgarh ... on 7 February, 2019

24. This Court has already held in Awadhesh Singh Vs. Additional Commissioner, 2017 (9) ADJ 378 that writ petitions against Mutation Proceedings can be entertained, but on two grounds only (a) if the order impugned has been passed without jurisdiction or going beyond the jurisdiction that is vested in the authority by the Act and the Rules (b) if the order impugned creates, rights in favour of the parties or liabilities against the parties, which are against the settled provisions of the Statute or against a decision given inter-parties by a Competent Court of law.
Allahabad High Court Cites 7 - Cited by 4 - S Chandra - Full Document

M/S Binni Infrastructure Pvt.Ltd.Thru ... vs State Of U.P. Through Prin.Secy. ... on 6 February, 2020

7. Learned counsel for respondent no.4 has placed reliance upon the two judgments rendered by this Court in Awadhesh Singh Vs. Additional Commissioner and others, 2017 (9) ADJ 378, and a judgment rendered on 7.2.2019 in Writ Petition No.347 (MS) of 2012 (Abdul Hameed and another vs. Nagar Palika Parishad, Bela, Pratapgarh and others) to say that this Court has considered all the law on the subject of entertaining writ petitions in cases arising out of mutation proceedings and has held that the Writ Court should not interfere with the orders passed in summary proceedings of mutation of names by Revenue Courts unless the order impugned is completely without jurisdiction or creates rights in favour of a person or liability against such person against the very provisions of the Statute. The Court can also entertain writ petitions in cases arising out of mutation proceedings where the order impugned has been obtained by fraud. None of the three conditions are satisfied and, therefore, this Court should not interfere in the order impugned.
Allahabad High Court Cites 8 - Cited by 0 - S Chandra - Full Document

Sunita Yadav vs Addl.Commissioner (Judicial) Lucknow ... on 19 October, 2019

(3) From a perusal of the order passed by the Dy. Collector dated 18.12.2014, it is apparent that the same has been passed on a Mutation application. It is a settled law that only against the decision passed on Mutation application or Revision arising therefrom, writ petitions are not maintainable. This Court in Awadhesh Singh Vs. Additional Commissioner & Others in Writ-C No.13751 of 2005 decided on 04.08.2017 reported in 2017 (9) ADJ 378, has considered all the law on the subject and has carved out only two exceptions on the basis of binding precedents which make the writ petition maintainable even against a Mutation order. The petitioner's case does not fall in any of the two.
Allahabad High Court Cites 3 - Cited by 0 - S Chandra - Full Document

Smt. Shanti Devi vs Board Of Revenue Up Lucknow Thru. ... on 3 September, 2019

Sri V.K. Singh has raised a preliminary objection to the maintainability of the writ petition. It has been submitted that the petitioner has impugned the order dated 10.10.2002 passed by the Naib Tehsildar, Mohan Tehsil Hasanganj, District Unnao, order dated 14.7.2016 passed by the Additional Commissioner, Administration, Lucknow Division, Lucknow and the order dated 24.6.2019 passed by the Board of Revenue in revision filed thereafter. All the orders have been passed in mutation proceedings and this Court has after considering the binding precedents held in its judgment and order dated 4.8.2017 in Writ-C no.13751 of 2005 (Awadhesh Singh vs. Additional Commissioner and others) that the writ petition should not be entertained in such matters.
Allahabad High Court Cites 2 - Cited by 0 - S Chandra - Full Document

Ayodhya Prasad And Another vs Addl.Commissioner (Admin.) Devi Patan ... on 23 October, 2019

At the very outset learned counsel for opposite party No.2 has challenged the maintainability of this petition on the ground that the same arises out of mutation proceedings which are summary in nature wherein title of parties over the land involved is not decided. He has relied upon the judgment rendered by this Court in the case of Awadhesh Singh versus Additional Commissioner and others passed in writ-C No. 13751 of 2005 whereunder it has been held that writ jurisdiction is not exercisable in case of mutation proceedings which are summary in nature and does not effect title of parties over the land in dispute.
Allahabad High Court Cites 2 - Cited by 0 - M Mathur - Full Document
1   2 Next