HIGH COURT OF JUDICATURE CHHATTISGARH : BIL§PUR SINGLE BENcH : Hou’aLE SHm s.R. NAVAKEJ. WRrr PETITloN Magus QF zoo4. Dharmendra $Io. Vishwanath sharma, aged about 26 years. R/o. Baram Raod, Villaga $alka, Tehsil Surajpur District Surguja(CG) Vs. RESPONDENTS 1. State of Chhauisgarh, through the Secretary. Department of Revenue, Mantralay, D.K.S. Building, Raipur. Tehsii and District Raipur (CG). 2. The Board of Revenue, Chhauisgarh, Through its President, Revenue Board, Bilaspur (CG). Sub Divisional Officer, Surajpur, District Surgiua (CG) 4. Gajendra Slo Rambharos Kushweha, Rio. \fliiage Salka, Tehsii Surejpur, District Surguia (CG) 5. Smt. Malti Devi, S/o Mahavir R/o. Baram Road, Nnbikapur, Tehsii Ambikapur District Surguja (CG) Vishwanath S/o indra Dev Presad, resident of :Sattipara, Ambikapur Dishiot Surguja (CG). PETITIONER Shri Awadh Tripethty, learned counsel for the petitioner. Shri Utkarsh Verma, learned Dy. G.A. for the State of Shri MPS Bhatia. learned counsel for respondents 5 & 6. Chhattisgarh and its authorities. Present : ORAL ORDER (Passed on 13‘“ November, 2006) This writ petition arises out of muhtion proceedings. The petitioner herein on the basis of a will executed in his favour by one Rarrlprasad sought mutation of entries of the petition schedule land in his name. The authorities of Chhattisgarh Land Revenue Code, 1959, refused to accede to the request of the petitioner by the impugned proceedings on the ground that after remand of the proceedings on an earlier occasion the K ,p’k)’ petitioner did not choase to examine attesting witnasses in the proceedings and. therefore. no credence could be given to the will on me basis of which mutation was, sought. among other gtounds. (2) ln the course of hearing, it was brought to the notice of the Court that the petitioner has aiready instituted a suit for declaration of titie and permanent injunction with regard to the same petition schedule land and the same is pending. It is weii seitied that the mutation entries that may be made by the authorities under the Land Revenue Coda are aiways subject tot the decree that may be passed by a competent civit Court. in other words, the mutation entxies made by the shtutory authorities are required to be aitered, modified or deleted in terms of civil Court decree. Since the petitioner has already instituted a suit for declaration of title with regard to the petition schedule properly, there is no need for this Court to entertain this writ petition and undertake adjudication of title dispute. The writ petition is, therefore, dismissed. No costs. Sdl— chief Justice Judge