B.R.ARORA, D.C.DALELA
Poosa Ram – Appellant
Versus
Board of Revenue – Respondent
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 (!) (!) .
(1) Jai Narain vs. The Board of Revenue and Ors. (1980 RLW 90)
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