Provision of Mutation under UP Revenue Code 2006:

Mutation, under the Uttar Pradesh Revenue Code 2006, refers to the change in ownership of a property in the revenue records. It is a crucial administrative process that updates the records to reflect the current ownership status of a property.

Key Points:

1. Nature of Mutation Proceedings: Mutation proceedings are summary in nature and are primarily fiscal inquiries conducted for revenue purposes. These proceedings do not decide the rights or title of the parties involved but are aimed at updating the revenue records.

2. Legal Effect of Mutation: The orders passed in mutation proceedings do not confer any right or title to the parties. The mutation entries are made based on possession and do not establish ownership rights. The primary purpose is to enable the State to collect revenue efficiently.

3. Judicial Precedents:

- In the case of Smt. Nirmala Devi v. Upper Commissioner Nagar Nigam, Allahabad, the Court emphasized that mutation proceedings do not adjudicate upon rights or title and are fiscal in nature. Parties aggrieved by mutation orders can seek remedies in appropriate courts.

- Kalawati v. Board Of Revenue And Others reiterated that mutation orders do not confer title and are maintained for revenue purposes. Orders in mutation proceedings do not have any presumptive value on the title of the property.

- Rang Nath Baba Alias Ranganand v. Member (Judicial) Board Of Revenue U.P. highlighted that mutation orders are subject to declaration of rights through regular suits, emphasizing that mutation does not establish ownership rights.

Conclusion:

Mutation proceedings under the UP Revenue Code 2006 serve the purpose of updating revenue records to reflect the current ownership status of properties. It is essential to understand that mutation orders do not determine ownership rights and are primarily conducted for revenue purposes.