1995 Supreme(Raj) 982
RAJASTHAN HIGH COURT
B.R.Arora, D.C.Dalela, JJ.
Khyali & Anr. - Appellant
Versus
State of Rajasthan & Ors. - Respondent
D.B. Civil Writ Petition No. 1907 of 1986.
Decided On : 31-08-1995
The Land Record Officer has jurisdiction under Section 136 of the Rajasthan Land Revenue Act, 1956 to correct the entry made in the Record of Rights of the Annual Register.
Headnote:
LAND REVENUE - Rajasthan Land Revenue Act, 1956 - Section 136 - Correction of entries in Annual Register - Power of Land Record Officer - Scope.
Fact of the Case:
Petitioners were allotted land by the Tehsildar in 1976. In 1977, the Tehsildar moved an application under Section 136 of the Rajasthan Land Revenue Act (the Act) to cancel the allotment on the ground that the land was wrongly recorded as 'Barani land' during settlement operations. The Sub-Divisional Officer (Revenue) cancelled the allotment and declared the land as 'Johad Paitan land'. The petitioners' appeals to the Revenue Appellate Authority and the Board of Revenue were dismissed. They filed a writ petition challenging the cancellation of the allotment.
Finding of the Court:
The court held that the Land Record Officer (Sub-Divisional Officer) has jurisdiction under Section 136 of the Act to correct the entry made in the Record of Rights of the Annual Register. The court also held that the petitioners were given reasonable opportunity to defend their case and the order was passed on the basis of the material available on record.
Issues: 1. Whether the Land Record Officer has jurisdiction under Section 136 of the Act to correct the entry made in the Record of Rights of the Annual Register? 2. Whether the petitioners were given reasonable opportunity to defend their case?
Ratio Decidendi: 1. Section 136 of the Act deals with the Decision of Dispute relating to class or tenure of any tenant or regarding the rent or revenue payable or regarding the entries in the Annual Register and authorises the Land Record Officer to decide these disputes in accordance with the provisions of Section 123 or 124 or 125 of the Act, as the case may be. 2. Section 132 of the Act, which deals with the maintenance of the Record of Rights, after completion of the survey/settlement operations, authorises the Land Record Officer to prepare annually or at such longer interval as the State Government may prescribe, a set or amended sets, as the case may be, of the Register enumerated in Section 114 of the Act. The Land Record Officer is further authorised to record in the Annual Register all the changes that may take place and any transaction that may affect any of the rights or interest recorded. 3. The Annual Register is the part of the Record of Rights and after the survey, settlement or record operations, it is necessary to up date the record. Maintenance of the Record is a continuous process as it aims at keeping the Record of Rights upto-date. To up date the record, the Land Record Officer has been authorised' to make necessary changes in the record occurred from time to time. 4. When the Land Record Officer has been authorised' to make necessary changes in the record of Annual Register then it cannot be 'said that he has no power to correct the errors occurred in the revenue record.
Final Decision: The court dismissed the writ petition, holding that the orders passed by the learned Sub-Divisional Officer, the Revenue Appellate Authority and the Board of Revenue do not require any interference.
Legal Category Hierarchy
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land revenue
-
rajasthan land revenue act 1956
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section 136
- correction of entries in annual register (Para 17000304400003)
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section 132
- maintenance of record of rights (Para 17000304400003)
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sections 123 124 125
- dispute resolution powers (Para 17000304400003)
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section 9
- supervisory jurisdiction to correct erroneous entries (Para 17000304400003)
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section 136
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annual register
- update and maintenance (Para 17000304400003)
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record of rights
- correction of errors (Para 17000304400003)
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land allotment
- cancellation of allotment (Para 17000304400001)
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settlement operations
- completion and post-settlement corrections (Para 17000304400003)
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hearing and notice procedures
- reasonable opportunity to defend (Para 17000304400004)
-
rajasthan land revenue act 1956
-
civil procedure
-
writ petition
- jurisdiction and powers (Para 17000304400005)
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writ petition