Disposed

Ramchandra v. Sub District Magistrate Bighapur Distt. Unnao and Another

Allahabad HC22 Feb 2024A227/863/2024

Case brief

AI extract

What is this about?

In a writ petition challenging an order passed under Section 38 of the Uttar Pradesh Revenue Code, 2006, the High Court, noting the availability of statutory appellate remedy, disposed of the petition without merits and granted liberty to the petitioner to approach the appropriate appellate authority.

What did the court decide?

Set aside the entry in the petition file allowing the petitioner to move the appellate authority under Section 38(4).

Ramchandra vs Sub District Magistrate Bighapur Distt… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:15856

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Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 863 of 2024 Petitioner :- Ramchandra Respondent :- Sub District Magistrate Bighapur Distt. Unnao And Another Counsel for Petitioner :- Mohammad Irfan Siddiqui,Sarvesh Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Lavania,J.

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Heard.

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The present petition has been filed for the following main relief:-

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" i. Passed appropriate order by setting aside the impugned 25.08.2023 passed in computerized case no. T201910690501146, case no. 01146/2019, (Parties Santosh Kumar Versus Bhumi Prabandak Committee Hamirpur,) in proceeding under section 38(1) Uttar Pradesh revenue code 2006 in a most illegal, arbitrary and casual manner without applying his judicial mind liable to be set aside/quashed as annexure no.1 to this petition."

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At the very outset, learned State Counsel says that the writ petition challenging the order 25.08.2023 passed in computerized case no. T201910690501146, case no. 01146/2019, (Parties Santosh Kumar Versus Bhumi Prabandak Committee Hamirpur,), under Section 38 of Revenue Code 2006 (in short "Code of 2006"), is not liable to be entertained in view of the statutory remedy of appeal available to the petitioner.

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Being relevant Section 38 of U.P. Revenue Code, 2006, reads as under:-

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"38. Correction of errors and omission. - (1) An application for correction of any error or omission in the map, field-book (Khasra) or record of rights (Khatauni) shall be made to the Tahsildar in the manner prescribed.

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[(2) On receiving an application under sub-section (1) or on any error or omission otherwise coming to his knowledge, the Tahsildar shall make such inquiry as may appear to him to be necessary, and refer the case along with his report to the Collector in the case of map correction and to the Sub-Divisional Officer in matter of other correction.

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(3) The case shall be decided by the Collector or the Sub-Divisional Officer, as the case may be, after considering any objection filed and evidence produced before him or before the Tahsildar.

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(4) Any person aggrieved by an order of the Collector or the Sub-Divisional Officer, as the case may be, under sub-section (3), may prefer an appeal to the Commissioner within a period of thirty days from the date of such order, and [The decision of the Commissioner shall, subject to the provisions of Section 210, be final.]

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[(5) Any forged or manipulated entry in the map, the khasra or the record of rights (khatauni) may be expunged under this section.

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(6) Notwithstanding anything contained in other provisions of this Code, the Revenue Inspector may correct any undisputed error or omission in the record of rights (khatauni) or khasra in such manner and after making such inquiry, as may be prescribed.]

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Explanation. - The power to correct any error or omission under this section shall not be construed to include the power to decide a dispute involving question of title"

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The remedy available has not been disputed by learned Counsel for the petitioner.

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Accordingly, the present petition is disposed of with liberty to the petitioner to avail the remedy available under law.

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In case an appeal is filed within two weeks, the same shall be disposed of expeditiously on merits.

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Office is directed to return back all the certified copies of order and documents, annexed in the present petition, to the learned Counsel for the petitioner, if he applies for the and submit the copies of same.

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Order Date :- 22.2.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Ramchandra v. Sub District Magistrate Bighapur Distt. Unnao and Another

Case brief

What is this about?

What did the court decide?

Ramchandra v. Sub District Magistrate Bighapur Distt. Unnao and Another

Case brief

What is this about?

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