Can the high court decide the mutation proceeding? I have purchased land and have been in possession since 2005. That land has mutated in my name. Now I want to change the purpose and use of the land from residential to commercial. Therefore, I have filed an application to the deputy collector to change the land use accordingly. During the proceeding a person came and objected to the mutation proceedings. He said that the land use cannot be changed. Actually I want to mutate the land in the name of my company.
My company will establish a centre for vocational courses in the residential house. When the land use is changed and property is mutated in the name of the company the business will get legal protection and other financial benefits. That person is my neighbour and he does not want to establish that educational institute.
You should file a counter affidavit in the high court. Mutation proceeding is a summary proceeding. The person aggrieved from mutation order has the right to file revision.
If an efficacious and alternative remedy is available to the petitioner he cannot file writ petition in the high court under Article 226 of constitution.
It is settled law that mutation does not confer any right and title in favour of any one or other, nor cancellation of mutation extinguishes the right and title of the rightful owner.
Normally, the mutation is recorded on the basis of the possession of the land for the purposes of collecting revenue.
In absence of infringement of any right, the petition cannot invoke Article 226. The writ petition is liable to be dismissed. Therefore, you should file a counter affidavit and pray for the dismissal of this writ petition on these grounds:
- This writ petition is an abuse of process of Article 226
- Petitioner has the efficacious and alternative remedy without exhausting that remedy he filed this writ petition
- Mutation does not confer any right or title
- No right of petitioner is curtailed or infringed by the order of mutation
- The high court has not power to entertain the dispute of private parties in its writ jurisdiction
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