IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHWANI KUMAR SINGH and Dr. ANSHUMAN, JJ.
(11.7.2022)
CWJC No. 11105 of 2017
Shambhu Sharan Singh : Petitioner
Vs.
State of Bihar & Ors. : Respondents
Bihar Tenancy Act, 1885 – Section 101 – Application for issuance of a direction upon respondents to initiate and carry out process of modernization/revision of Record of Right/Khatiyan as well as land revenue record in all districts of Bihar for updating records of rights – Issue raised by petitioner in respect of modernization of record of rights has already been taken by State Government and work is going on expeditiously – No direction is required to be issued by this Court for present – Writ Petition disposed of. (Paras 8 to 10)
ASHWANI KUMAR SINGH, J.:–Heard Mr. Shambhu Sharan Singh in person and Mr. Vishwa Bibhuti Kumar Singh, learned counsel for the State.
2. The petitioner has filed the instant application for issuance of a direction upon the respondents to initiate and carry out the process of modernization/revision of the Record of Right/Khatiyan as well as land revenue record in all the districts of Bihar for updating the records of rights.
3. The contention of the petitioner is that the Khatiyan in the State was prepared under the Bengal Tenancy Act, 1885 known as cadastral survey, Khatiyan. After 50 years of preparation of cadastral survey Khatiyan, once again survey was held, which is commonly known as the ‘revisional survey’. The purpose of revisional survey was to update the entries of cadastral survey. The revisional survey was undertaken in the year 1935. Thereafter, till date no survey has been undertaken by the State.
4. The further contention of the petitioner is that the State has not modernized its record of rights which is causing immense rise in litigation before different forums and courts. The bona fide purchasers are being confronted with time consuming and expensive litigation for declaration of title, as the systematic maintenance of the record of right is not being done in the State of Bihar.
5. Based on such submissions, the writ petition has been filed for issuance of a direction upon the respondents for modernization of land records.
6. The respondent no.4 has filed a counter affidavit in the present matter wherein it has been stated that the Government has already taken steps for modernization of land records and, at present, the work of re-survey is going on. The State Government has repealed the old survey. It has enacted “Bihar Special Survey and Settlement Act, 2011” and on the basis of the new Act, survey is being conducted. It is further contended that aerial photography has been completed in all the districts of the State except Madhubani District wherein only part photography has been completed. Further, on priority basis 9 Districts have been selected for completing the survey work where survey is going on. In 781 revenue villages, Khanapuri of Survey records has been completed and in 247 revenue villages a draft publication of survey record has been made and in 2 revenue villages final publication of survey records has been made.
7. In supplementary counter affidavit filed on behalf of the respondent no.4, the following averments have been made in paragraph nos.7 to 13:—
“7. That the following is an outline of the components and activities to be taken up under the DILRMP.
I. Computerization of land Records.
a. Data entry/re-entry/data conversion of all textual records including mutation records and other land attributes date.
b. Digitization of cadastral maps.
c. Integration of textual and spatial data.
d. Tehsil, sub-division/district Computer Centers.
e. State-level data center.
f. Inter-connectivity among revenue Offices.
II. Survey/Resurvey and updating of the Survey & Settlement Records,
(including ground control network and ground truthing) using the following modern technology option:
a. Pure ground method using electronic total station (ETS) and global positioning system(GPS).
b. Hybrid methodology using aerial photography and ground truthing by ETS and GPS.
c. High resolution Satellite Imagery (HRS) and ground truthing by ETS and GPS.
8. That the Department of Revenue and Land Reforms has introduced the project of computerization of all revenue records under which computerization work of Tenants Ledger and other records of all 534 circles is being done and a total of 45354 villages were taken up for computerization work from all 38 district of which total of 33981918 Jamabandis in circle were to be digitalization. Out of the said, 28178967 entries of Jamabandis have been completed. On the basis of this computerization
The court ruled that the respondents must correct erroneous land classification in the Basic Tax Register without requiring the petitioner to follow cumbersome procedures, emphasizing the need for ac....
The court clarified that revisions against orders of the Assistant Record Officer must be filed before the Record Officer, not the Commissioner, as per the U.P. Land Revenue Act.
The resurvey authorities are bound to ensure accurate classifications in the Basic Tax Register post-resurvey, and failure to do so necessitates judicial intervention.
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