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Allahabad High Court

SMT. SIMIRITI DEVIversusSTATE OF UP AND 4 OTHERS

Decided

Holding

The High Court declined to interfere, holding that the order is revisable and appealable and the petitioner must avail the appropriate remedy under law.

Summary

The petitioner, Smt. Simiriti Devi, filed a writ petition challenging an order dated 29 June 2019 issued by the Tehsildar of Sadar, Gorakhpur, in mutation proceedings. The petition sought judicial interference with the Tehsildar's order. The respondents, the State of Uttar Pradesh and others, raised a preliminary objection that the order was both revisable and appealable, implying that the appropriate remedy lay in the regular appellate process. The Hon'ble Justice Manish Kumar Nigam held that the court would not interfere with the order and directed the petitioner to pursue the remedy available under law. Consequently, the writ petition was disposed of, with the court ordering the return of the petitioner's documents after retaining a photocopy for the record.

Issues considered

  • Whether the order of the Tehsildar in mutation proceedings is revisable and appealable, thereby precluding judicial interference
  • Whether the writ petition challenging the order should be entertained by the High Court

Subjects

  • mutation
  • land records
  • writ petition
  • revisability
  • appealability
  • High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 35916 of 2025

                                    Smt. Simiriti Devi
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    State Of Up And 4 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                      :     Narendra Mohan
                                    Counsel for Respondent(s)                      :     C.S.C.

                                    Court No. - 36
                                                      HON'BLE MANISH KUMAR NIGAM, J.

                                    1. This petition has been filed challenging the order dated 29.06.2019
                                    passed by the Tehsildar, Sadar, District- Gorakhpur in mutation
                                    proceedings.

                                    2. A preliminary objection has been raised by learned Standing Counsel
                                    that the order impugned is revisable as well as appealable.

                                    3. In view of above, I am not inclined to interfere in the matter.


                                    4. Accordingly, the writ petition is disposed of with liberty to the
                                    petitioner to avail the remedy as available to her under the law.

                                    5. Office is directed to return the certified copies of the documents
                                    annexed with the petition to learned counsel for the petitioner after
                                    retaining photocopy of the same on record.



                                                                                       (Manish Kumar Nigam,J.)
                                    May 14, 2026
                                    Nitika Sri.




Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad


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