Failure of petitioner to provide relevant evidence to her claims, held needs consideration in matter under Land Revenue Act

Allahabad High Court: The petition had been filed before a Single Judge Bench comprising of Anjani Kumar Mishra, J., from the proceeding going on under Section 34 of the Land Revenue Act, for mutation. This order of mutation was filed by Tehsildar in favour of respondent. Petitioner contended that the above order was passed ex-parte in a restoration application which was rejected by Tehsildar.

Petitioner aggrieved by the rejection of the restoration application filed a revision petition before Additional Commissioner which was allowed. Later, the order which rejected the recall application and order of mutation was set aside. The restoration application reveals that petitioner claimed to be the second wife of one Bhunesh after whose death the mutation proceedings were filed. It was found that petitioner failed to show that she was the second wife of Bhunesh thus her restoration application was rejected.

The High Court observed that the order in question seemed perverse where petitioner failed to provide evidence to establish her position as the second wife. Court was of the view that this matter requires consideration and the matter was disposed of. [Mamta v. State of U.P.,2018 SCC OnLine All 1784, dated 05-10-2018]

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    Why to do so much exercise when mutation entry neither does confer nor alter the title !

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