The Uttar Pradesh Revenue Code, 2005, was enacted with the object of consolidating and amending the law relating to land tenures and land revenue in the State of Uttar Pradesh and to provide for matters connected therewith and incidental thereto.
Proceedings of mutation are provided under the U.P. Revenue Code. The relevant provisions are as follows:
32 Correction of records.- (1) Subject to the control of the Collector, the Sub-Divisional Officer, the Tahsildar, or the Revenue Inspector shall record, in the manner hereinafter provided in this Chapter, all changes in the record of rights (Khatauni), the field book (Khasra) and the map that may take place, and all transactions that may affect any of the rights or interests recorded, and correct therein any errors proved to have been made in the records previously prepared:
Provided that order for correction in map shall be passed by the Collector.
(2) No application for correction of error under sub-section (1) where the claim is based solely on possession as well as involving intricate question of title shall be maintainable.
33. Mutation in cases of succession.– (1) Every person obtaining possession of any land by succession shall submit report of such succession to the Revenue Inspector of the circle in which the land is situate in such form as may be prescribed.
(2) On receipt of a report under sub-section (1) or on facts otherwise coming to his knowledge, the Revenue Inspector shall- (a) if the case is not disputed, record such succession in the record of rights (Khatauni); (b) in any other case, make such inquiry as may appear to him to be necessary and submit his report to the Tahsildar;
(3) Any person whose name has not been recorded by Revenue Inspector or who is aggrieved by the order passed by the Revenue Inspector under clause (a) or (b) of sub-section (2) may move an application before Tahsildar.
(4) The provisions of this section shall mutatis mutandis apply to every person admitted as a Bhumidhar with non-transferable rights or as an asami by the Bhumi Prabandhak Samiti in accordance with the provisions of this Code or any enactment repealed by it.
34. Duty to report in cases of transfer.-(1) Every person obtaining possession of any land by transfer, other than a transfer referred to in sub-section (3) of section 33 shall report such transfer, in the manner prescribed, to the Tahsildar of the Tahsil in which the land is situate.
Explanation.- For the purposes of this section, the word ‘transfer’ includes a family settlement.
(2) State Government may fix a scale of fees for getting entry recorded in the record of rights on the basis of transfer. A fee in respect of any such entry shall be payable by the person in whose favour the entry is to be made.
35. Mutation in cases of succession or transfer.-(1) On the receipt of a report under section 33 or section 34, or upon facts otherwise coming to his knowledge, the Tahsildar shall issue a proclamation and make such inquiry as appears to be necessary and- (a) if the case is not disputed, he shall direct the record of rights (Khatauni) to be amended accordingly; (b) (deleted); (c) if the case is disputed, he shall decide the dispute and direct, if necessary, the record of rights (khatauni) to be amended accordingly. (2) Any person aggrieved by an order of the Tahsildar under sub-section (1) may prefer an appeal to the Sub-Divisional Officer within a period of thirty days from the date of such order.
In the case of Smt. Kalawati vs. Board of Revenue 2022 (2) ADJ 456, it was held that writ interference is not ordinarily invocable against mutation orders in light of an efficacious alternative remedy by instituting a civil suit for declaration of title, permanent prohibitory injunction and consequential reliefs. It was held that Judicial restraint is imperative to maintain the distinction between revenue record updation and substantive title adjudication.
The Hon’ble Allahabad High Court has crystallized certain exceptions for writ interference in mutation orders. These are as follows:
(i) the order or proceedings are wholly without jurisdiction;
(ii) rights or title already adjudicated by a competent civil court are ignored, varied or contradicted;
(iii) mutation directed not solely on basis of possession but on substantive merits of title or succession claims;
(iv) rights purportedly created in the mutation order in violation of express statutory provisions;
(v) order obtained through fraud, collusion, fabrication or material misrepresentation;
(vi) patent jurisdictional error, excess of jurisdiction or gross abuse of authority;
(vii) violation of principles of natural justice, such as non-issuance of notice or denial of hearing.
If one of these exceptions is made out before the writ court, then interference by the Hon’ble Allahabad High Court may be made. However, the Writ Court does not ordinarily interfere as revenue records enjoy no evidentiary weight on title, and civil courts decide independently per law; therefore, interference is very limited.