1995 Supreme(Raj) 523
Rajasthan High Court
Honble B.R. ARORA & D.C. DALELA, JJ.
Poosa Ram - Appellant
Versus
The Board of Revenue and Others - Respondents
D.B. Civil Writ Petition No. 179 of 1986
Decided On : September 18, 1995
B.N. Calla, for Petitioner C.R. Jakhar, Additional Government Advocate
Headnote:Rajasthan Land Revenue Act, Sec. 125 and Sec. 136 — Scope — Land Record Officer is competent and has power even after the settlement operations are over to correct the erroneous entries in the annual registers which are the parts of the Record of Rights. (Para 7)
Key Points: - The Land Record Officer has power under Section 136 to correct errors crept into the Record of Rights during settlement/survey operations, and not to change the nature of land after settlement operations are over (!) . - Section 136 deals with disputes relating to entries in the annual register, to be decided in accordance with Sections 123, 124, or 125, and supports corrections of errors during settlement operations, not converting land class after settlement (!) (!) . - There is authority (Division Bench judgments cited) that after settlement operations are over, the Land Record Officer may correct the Record of Rights under Sections 136 and 125, but not to convert Gair Mumkeen Land into cultivatory Barani land; corrections can be made post-settlement if arbitrariness occurred (!) (!) . - In the present case, the petitioner’s correction order under Section 136 was set aside solely on jurisdiction grounds, which the court found incorrect; the petition is allowed, and the matter remanded for merit-based decision by the Revenue Appellate Authority (!) (!) . - Maintenance and updating of maps, field books, and the annual register after settlement operations are over are duties of the Land Record Officer under Sections 131-133, with corrections allowed under 136 for errors during settlement (!) . - The dispute involved whether corrections after settlement could be made, and the judgment holds that corrections to errors crept in during settlement can be made after settlement operations are over under Section 136 (!) (!) .
How to determine whether the Land Record Officer has power under Section 136 of the Rajasthan Land Revenue Act to correct entries in the Record of Rights after settlement operations are over?
What is the interpretation of Section 136 read with Sections 125, 131, 132 regarding correction of errors crept into the Record of Rights during settlement operations?
What is the correct remedy and authority when a Land Record Officer's order under Section 136 is challenged, and should appeals be decided on merit?
(2) The controversy involved in the present case is : whether correction of the entry in the Record of Rights/Annual Register can be made by the Land Record Officer under Section 136 of the Act after the survey or settlement operations are over? Chapter VII of the Act deals with the survey and settlement/record operations. Sections 106 to 112 of the Act deal with survey or re- survey of the land and preparation of maps and Field Book. Sections 113 to 127 of the Act deal with various aspects and disputes relating to preparation of the Record of Rights. Sections 128 to 130 of the Act deal with the boundary disputes, obligation of the holders as to boundary marks, penalty for injury to or removal of the boundary marks. Section 131 to 137 of the Act deal with the maintenance of maps, field book, annual register and to up date them by recording the changes due to succession or transfer after survey or settlement operations are over. Section 131 of the Act deals with the maintenance of the maps and the field book after the survey