Shiv Bachan vs State of U.P. Thru. Secy. Revenue Deptt., Lko. and Others — Allahabad HC (2025) — LawSathi Research

Shiv Bachan vs State of U.P. Thru. Secy. Revenue Deptt., Lko. and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to file an application under Section 76(2) before the Tehshildar, Tehsil Fatehpur, District Barabanki within 30 days; such application, if filed, to be considered and decided in accordance with law in the light of the directions in Daya Shankar vs. State of U.P. and others (2023(6) ADJ 181). Mandamus as prayed was not granted.

Issue for consideration

Whether the petitioner, recorded in the Khatauni as Bhumidhar with non-transferable rights for over 25 years, is entitled under Section 76 of the U.P. Revenue Code to be declared/entered as Bhumidhar with transferable rights (mandamus sought for entry in revenue records for Gata/Khasra No.103/17 Mi., Village Baina Teekarhar, Tehsil Fatehpur, District Barabanki).

Court's answer

The writ petition is disposed of permitting the petitioner to file his application under Section 76(2) before the Tehshildar, Tehsil Fatehpur, District Barabanki within 30 days.

Ratio / Principle

If such an application under Section 76(2) is filed, it shall be considered and decided by the revenue authority in accordance with law, in the light of the directions issued by this Court in Daya Shankar vs. State of U.P. and others, 2023(6) ADJ 181.

Detailed headnote1 paragraphs

U.P. Land Revenue Code, 2006 — Section 76(2)/76 — Bhumidhar with non-transferable rights recorded in Khatauni since lease of Gata No.109/17 in 2000 sought mandamus for entry as Bhumidhar with transferable rights in revenue records (Khatauni Fasly 1425-1430, Gata/Khasra No.103/17 Mi., Village Baina Teekarhar, Tehsil Fatehpur, Pargana Kursi, District Barabanki). Respondents pointed out no regular application under Section 76(2) had been filed. Held: writ petition disposed of permitting the petitioner to file such application before the Tehshildar within 30 days; the application, if filed, to be considered and decided in accordance with law in light of the Court's directions in Daya Shankar vs. State of U.P. and others, 2023(6) ADJ 181 (decided 19.05.2023). Entitlement on merits left open.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 11789 of 2025

Shiv Bachan

.....Petitioner(s)

Versus

State Of U.P. Thru. Secy. Revenue Deptt., And Others	Lko. .....Respon
Counsel for Petitioner(s) :	Sanjeev Kumar Shukla
Counsel for Respondent(s) :	C.S.C., Mohan Singh

.....Respondent(s)

Court No. - 22

HON'BLE ARUN KUMAR SINGH DESHWAL, J.

Heard Sri Sanjeev Kumar Shukla, learned counsel for the petitioner, Sri Neel Padam Singh, learned Additional Chief Standing Counsel for the State and Sri Mohan Singh, learned counsel for the Gaon Sabha.

Present petition has been filed in the nature of mandamus to direct the opposite party nos.2 to 4 to enter the name of the petitioner as transferable land rights in the revenue records/Khatauni Fasly Year 1425-1430 Land Gata/ Khasra No.103/17 Mi. area 0.2530 hectare Village Baina Teekarhar, Tehsil Fatehpur Pargana Kursi, District Barabanki under Section 76(2)(3) U.P. Land Revenue Code, 2006.

Contention of learned counsel for the petitioner is that Gata No.109/17 was allotted to the petitioner as agricultural lease in the year 2000 and name of the petitioner has also been recorded in Khatauni mentioning him as Bhumidhar with non-transferable right. It is further submitted that despite expiry of more than 25 years, the petitioner has not been declared as Bhumidhar with transferable right though as per Section 76 of U.P. Revenue Code, he is entitled to become Bhumidhar with transferable right after completing five years as Bhumidhar with non-transferable right.

Learned Standing Counsel as well as learned counsel for the Gaon Sabha submitted that the petitioner has not filed regular application under Section 76(2) of U.P. Revenue Code. In case, he files an appropriate application than appropriate order will be passed by the revenue

WRIC No. 11789 of 2025

2

authority.

In view of above, the present writ petition is disposed of permitting the petitioner to file his application under Section 76(2) before the Tehshildar, Tehsil Fatehpur, District Barabanki within 30 days. In case, such an application is filed, the same shall be considered and decided, in accordance with law, in the light of directions issued by this Court in the case of Daya Shankar vs. State of U.P. and others report in 2023(6) ADJ 181 dated 19.05.2023 .

(Arun Kumar Singh Deshwal,J.)

December 4, 2025 A.Kr*

Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench