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1995 Supreme(Raj) 523

B.R.ARORA, D.C.DALELA
Poosa Ram – Appellant
Versus
Board of Revenue – Respondent


Advocates Appeared:
B.N. Calla, for Petitioner C.R. Jakhar, Additional Government Advocate

Judgement Key Points

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?


Honble ARORA, J. — Petitioner Poosa Ram and respondent No. 7 Mani Ram s/o Kishna Ram Jat, were the recorded Khatedar tenants of 32 Bighas one Biswa of land bearing old Khasra Number 26 and new Khasra Numbers 368, 374, 377 and 379, situated in village Dariyasar tehsil Nohar district Sri Ganganagar. Earlier to the last settlement, two Bighas of this land, situated in new Khasra Number 368, was entered in the Revenue Record as the Agricultural land. In the last settlement, these two Bighas of land was entered as "Gair Mumkin Aabadi land". The entry was made without notice to the petitioner and respondent No.7 — the Khatedars of this land. After the settlement Operations were over, when the petitioner came to know that his land has been entered in the revenue record as the Gair Mumkin Aabadi land, he moved an application under Section 136 of the Rajasthan Land Revenue Act (for short, the Act) before the Sub-Divisional Officer cum Land Record Officer, Nohar, for the correction of the entry. The Land Record Officer, Nohar, by its order dated 1.8.78, allowed the application filed by the petitioner and ordered for correction of the entry. He, also, directed the Tehsildar, Nohar, vide Annex












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