Judgement Key Points

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 Annexure 3, to make necessary Correction in the Jamabandi. In pursuance to this order, necessary corrections in the revenue record were made. Dissatisfied with the order dated 1.8.78, passed by the Sub-Divisional Officer Nohar, ordering for the correction of the entry, Sarvashri Mani Ram, Narain, Budha Ram and Megha Ram filed an appeal before the Revenue Appellate Authority, Bikaner (Camp Sri Ganganagar). The Revenue Appellate Authority, by its judgment dated 18.9.89 allowed the appeal filed by Mani Ram and others, set-aside the order passed by the learned Sub-Divisional Officer, Nohar on the ground that the Sub- Divisional Officer (Land Record Officer), Nohar, after the settlement operations are over under Section 136 of the Act, had no power to correct any entry in the record. The petitioner and respondent No.7 Mani Ram, aggrieved with the order dated 18.9.79, passed by the Revenue Appellate Authority, preferred an appeal before the Board of Revenue for Rajasthan, Ajmer. The appeal, filed by Poosa Ram and Mani Ram, was dismissed by the learned Member of the Board of Revenue by his judgment dated 29.10.85. The appeal was dismissed on the ground that after the settlement operations are over, the Sub-Divisional Officer had no power to correct the entry in the revenue record and the only remedy left with the applicant is to file a revenue suit for correction of the entries. A review petition filed by the petitioner before the Board of Revenue was, also, dismissed by the Board by the order dated 31.12.85. Aggrieved with the judgment dated 29.10.85 passed by the Board of Revenue affirming the judgment dated 18.9.79 passed by the Revenue Appellate Authority, Bikaner (Camp Sri Ganganagar), the. petitioner has filed the present writ petition.

(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

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