orders passed in mutation proceedings will remain orders in summary proceedings and the orders passed in the proceedings will not finally determine the title ... mutation under Section 34 of U.P. Land Revenue Act, cannot be entertained under Article 226 of the Constitution of India. The mutation proceedings
mutation court would not affect the regular suit proceeding and, in the opinion of the Court, the orders passed in the mutation proceedings are always ... orders passed in mutation proceedings will remain orders in summary proceedings and the orders passed in the proceedings will not finally determine the title
proceedings under Section 34 of the U.P. Land Revenue Act held as under;
"5. In pith and substance proceedings of mutation, correction ... mutation are passed on the basis of the possession of the parties and since no substantive rights of the parties are decided in mutation proceedings
give publicity regarding the attestation of
mutation and to avoid ex-parte mutation, and the order of
mutation itself shall show that sufficient steps were ... mutating
authority is clearly contrary to the procedure mandated under Rule 14 read
with Standing Order 23-A and renders the mutation proceedings vulnerable
pointed out by their Lordships of the Privy Council, the mutation proceedings related to the question of the entry of names only and no question ... look after) the appeal for mutation of names. The authority was obviously confined to terminating the mutation proceedings. As stated above no question of title
which a writ petition may be entertained against orders passed in mutation proceedings would arise where :
(i) the order or proceedings are wholly without jurisdiction ... mutation are passed on the basis of the possession of the parties and since no substantive rights of the parties are decided in mutation proceedings
that case no doubt it was held that mutation proceedings ordinarily relate to the question of possession and do not decide the question of title ... High Court should not interfere in the order passed in mutation proceedings. But it was also observed in that case that this consideration should
brevity
before respondent No.4 challenging the mutation proceedings
4
issued by respondent No.5 in favour of the petitioner herein.
Vide order dated ... respondent No.4 allowed the said
appeal and set aside the mutation proceedings issued in favour of
the petitioner and it is ordered to restore
Milan were recorded as legal heirs in the Revenue records. A Mutation proceedings by way of application was initiated by the opposite party ... date was fixed for 24.08.2012. On 08.08.2012 an order deciding the mutation proceedings was passed by the Naib Tehsildar, Babhanipayar, Tehsil Mankapur, District Gonda
petitioners states that once the proceedings launched during the pendency of the consolidation proceedings, mutation proceedings cannot proceed and rights and title of the parties ... Mutation proceedings are summary proceedings and no right and title is decided in the said proceedings. Usually, this Court does not interfere in mutation matters
