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2017 Supreme(All) 555

ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : DEVENDRA KUMAR UPADHYAYA, J.
ANAND KUMAR SINGH AND ANOTHER ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition (M/S) No. 8354 of 2017, decided on 20th April, 2017)

Advocates:
Counsel :
Dharmendra Singh and Raghvendra Pratap Singh for the Petitioners; C.S.C. for the Respondents.

Headnote:U.P. Land Revenue Act, 1901—Sections 219 and 41—U.P. Land Revenue Code, 2006—Sections 210, 207, 24(4), 230 and 231—General Clauses Act, 1897—Section 6—Revisional jurisdiction—Boundary dispute—Person aggrieved—Remedy of appeal—A person aggrieved by an order passed by Appellate Court under Section 210 of 1901 Act has got a statutory remedy of revision under Section 219 of U.P. Land Revenue Act—Remedy of revision as provided under Section 219 of 1901 Act will be available to a person aggrieved against order passed by Subordinate Courts under U.P. Land Revenue Act, 1901 in proceedings instituted before enforcement of U.P. Revenue Code, 2006, even if they are concluded after enforcement of U.P. Revenue Code, 2006—Proceedings of appeal by petitioners were instituted prior to enforcement of U.P. Revenue Code, 2006 and have culminated in order passed on 8.3.2017 by Additional Commissioner after U.P. Revenue Code, 2006 came into force—Remedy of revision under Section 219 of U.P. Land Revenue Act, will be available to petitioners—Therefore, petitioners will have a right to invoke provisions of Section 219 of 1901 Act for assailing order dated 8.3.2017 passed by Additional Commissioner which is under challenge in this petition—Petitioner set at liberty to approach the concerned revisional Court invoking provisions of Section 219 of U.P. Land Revenue Act. [Paras 7 to 29]

       Result; Petition Dismissed.

       

JUDGMENT

Hon’ble Devendra Kumar Upadhyaya, J.—Heard learned counsel for the petitioners and learned Standing Counsel for the respondents.

2. This petition under Article 226 of the Constitution of India seeks to challenge the order passed by the Additional Commissioner (Judicial), Lucknow Division, Lucknow on 8.3.2017, whereby the appeal preferred by the petitioners under Section 210 of U.P. Land Revenue Act against the order dated 11.8.2015, passed by the Sub-Divisional Officer, Purwa, Unnao, has been rejected.

3. On a query being put to learned counsel for the petitioners as to whether the order under challenge in this petition is revisable either under Section 219 of U.P. Land Revenue Act or under Section 210 of U.P. Revenue Code, 2006, no satisfactory answer comes forth. Accordingly, the Court proceeds to decide the said issue.

4. The dispute engaging attention of this Court in this case is demarcation of khasra plot Nos. 206 and 205ka, situate at village-Bhawariya, Pargana-Maurawan, Tehsil-Purwa, District Unnao. In respect of said plots, the respondent No. 5-Smt. Girija Devi moved an application under Section 41 of U.P. Land Revenue Act before the Sub-Divisional Officer with the prayer that the said plots be demarcated. The Sub-Divisional Officer passed the order dated 11.8.2015, allowing the application moved by Smt. Girija Devi and directed the Tehsildar concerned to demarcate the aforesaid plots.

5. Feeling aggrieved by the said order dated 11.8.2015, the petitioners preferred an appeal under Section 210 of U.P. Land Revenue Act, 1901 before the Additional Commissioner (Judicial), Lucknow Division, Lucknow, who dismissed the same by means of the order dated 8.3.2017. It is these two orders dated 11.8.2015 and 8.3.2017, passed by the Sub-Divisional Officer and the Additional Commissioner (Judicial), which are under challenge herein.

6. Section 41 of U.P. Land Revenue Act, 1901 provides the procedure for settlement of boundary disputes. Against an order passed under Section 41 of U.P. Land Revenue Act, a person aggrieved has been provided a remedy of filing an appeal under Section 210 of U.P. Land Revenue Act. Appeal against an order passed by Assistant Collector in charge of sub-division under U.P. Land Revenue Act before the Commissioner is provided under Section 207 of U.P. Revenue Code, 2006. Under the scheme of U.P. Land Revenue Act, the Board of Revenue, Commissioner and Additional Commissioner as also the Collector and the Record Officer and Settlement Officer have been vested with the power to call for the record of any case decided or proceeding held by any Revenue Court subordinate to such officers and pass orders. The said revisional jurisdiction in terms of Section 219 of U.P. Land Revenue Act has to be exercised by the revisional Court only, namely, in case the revisional Court finds that subordinate revenue Court has exercised its jurisdiction not vested in it or it has failed to exercise its jurisdiction so vested or it has acted in the exercise of jurisdiction illegally or with material irregularity.

7. Thus, a person aggrieved by an order passed by the appellate Court under Section 210 of U.P. Land Revenue Act has got a statutory remedy of revision under Section 219 of U.P. Land Revenue Act.

8. So far as the matters relating to demarcation of proceedings under Section 41 of U.P. Land Revenue Act are concerned, the said applications are tried by the Sub-Divisional Officer as the Court of first instance and thereafter in terms of Section 210 of U.P. Land Revenue Act, a remedy of appeal is available to a person aggrieved before the Commissioner/Additional Commissioner.

9. In case a person is aggrieved by the decision of the appellate Court under Section 210 of U.P. Land Revenue Act, such aggrieved person has got a statutory right to invoke the revisional jurisdiction of the Board of Revenue under Section 219 of U.P. Land Revenue Act.

10. It has been contended by learned counsel for the petitioners, though fee




































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