Entries in revenue records do not create or extinguish title, parties aggrieved by such entries should adjudicate their rights in a civil suit

The Hon'ble Chief Justice:

This writ appeal has been filed against the impugned judgment of the learned single Judge dated 20.9.2004

2. The dispute relates to entries in the revenue records. It is well settled that entries in the revenue records does not create or extinguish title nor has it any presumptive value vide M.T.W.Tenzing Namgyal & Ors. v. Motilal Lakhotia & Ors., JT 2003(5) SC 173, Balwant Singh v. Daulat Singh, (1997)7 SCC 137 and Smt. Sawarni v. Smt.Inder Kaur and others, 1996(7) JT S.C. 580. Such entries are only for the purpose of payment of land revenue. Hence the parties aggrieved by such entries in the revenue records should get their rights adjudicated in a civil suit. Ordinarily writ petitions should not be entertained against orders for making entries in the revenue records, as such orders do not affect the rights of any one.

3. We make it clear that the impugned judgment of the learned single Judge does not create any right in favour of the parties in that case. We further make it clear that the order of the revenue authorities is not binding in the civil suit, and the civil court will decide the rights of the parties independently of the order of the revenue authority.

4. With the above observation, the writ appeal is disposed off. No costs. Consequently WAMP No.1017/2005 is closed.