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2022 Supreme(All) 1392

IN THE HIGH COURT OF ALLAHABAD
YOGENDRA KUMAR SRIVASTAVA, J.
Alladin – Petitioner
Versus
State of U.P. and Others – Respondents
Writ (C) No. 21993, 22082 of 2022
Decided On : 29-11-2022

Advocates:
Advocate Appeared:
For the Petitioners: Hari Prakash Mishra, Dharmendra Kumar Srivastava.
For the Respondents: Ishir Sripat, Krishna Kant Singh, Mithilesh Kumar Mishra, Saurabh Patel.

Headnote:

Constitution of India, 1950 – Article 226 – U.P. Revenue Code, 2006 – Section 210 – U.P. Revenue Code, 2006 – Sections 32/38 – Rule of exhaustion of statutory remedy – Writ petitions are based on similar set of facts and raise common questions of law, accordingly with consent of parties, petitions are being taken up for hearing together – Held, Language of section emphasizes that it applies to all orders passed by the revenue officers in matters relating to mutation and correction of errors or omission of revenue entries and it provides in clear terms that such order shall not debar any person from establishing his rights to the land by means of a declaratory suit under Section 144 – Object of section being to enable a person to seek declaration of his rights on questions of title irrespective of orders passed in mutation proceedings with regard to correction of revenue entries, remedy of seeking a declaration on questions of title by filing a declaration suit remains open – Existence of an efficacious statutory alternative remedy would therefore also be a reason for not entertaining a writ petition in exercise of discretionary jurisdiction under Article 226 – It may be added as a word of caution that rule of exhaustion of statutory remedies is a rule of policy, convenience and discretion and existence of an alternate remedy would not divest High Court of its powers under Article 226 which may be exercised in appropriate cases – Writ petitions disposed of.

JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. The two writ petitions are based on similar set of facts and raise common questions of law, accordingly with the consent of the parties, the petitions are being taken up for hearing together.

2. Heard Sri Dharmendra Kumar Srivastava, learned counsel for the petitioner, Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State respondents, Sri Ishir Sripat, learned counsel for the private respondents and Sri Pawan Kumar Singh, holding brief of Sri K.K. Singh, learned counsel for the Gram Sabha.

3. Writ (C) No. 21993 of 2022 has been filed seeking to assail the order dated 7.6.2019 passed by the Sub Divisional Magistrate, Kasganj in Case No. RST/03294 of 2018 (Computer Case No. T201818750103294, Alladin vs. State of U.P.) under Section 38(1) of the U.P. Revenue Code, 2006 and also the order dated 24.2.2022 passed by the Additional Commissioner (Judicial) Aligarh in Case No. 00051/2020 (Computer Case No. C 202018000000051, Alladin vs. Gram Panchayat and Others) under Section 210 of the U.P. Revenue Code, 2006.

4. Writ (C) No. 22082 of 2022 has been filed challenging the order dated 7.6.2019 passed by the Sub Divisional Magistrate, Kasganj in Case No. RST/03292 of 2018 (Computer Case No. T201818750103292, Alladin vs. State of U.P.) under Section 38(1) of the U.P. Revenue Code, 2006 and also the order dated 24.2.2022 passed by the Additional Commissioner (Judicial) Aligarh in Case No. 00052/2020 (Computer Case No. C 202018000000052, Alladin vs. Gram Panchayat and Others) under Section 210 of the U.P. Revenue Code, 2006.

5. On the previous occasion an objection had been raised by the counsel appearing for the State respondents and the counsel appearing for the private respondents with regard to the entertainability of the writ petition by pointing out that the petition arises out of summary proceedings under Sections 32/38 of U.P. Revenue Code, 2006.

6. Counsel for the petitioners after making submissions to some extent has fairly conceded to the settled legal position that summary proceedings relating to correction of revenue records do not decide any question of title and the orders passed in such proceedings do not come in way of a person getting his rights adjudicated in a regular suit and it is for the said reason, that a consistent view has been taken by the courts that writ petitions arising out of such summary proceedings, are not to be entertained in exercise of powers under Article 226 of the Constitution of India.

7. In regard to the aforestated legal proposition, counsel for the parties are ad idem, and have placed reliance on the recent judgment of this Court in Smt. Kalawati vs. The Board of Revenue and Others, 2022 (4) ADJ 578.

8. The question of entertainability of a writ petition against orders passed in summary proceedings has come up before this Court earlier and it has consistently been held that normally the High Court in exercise of its discretionary jurisdiction would not entertain writ petitions which arise out of such proceedings.

9. The settled legal position that an entry in revenue records does not confer title on a person whose name appears in records-of-rights and that such entries are only for 'fiscal purposes' and no ownership is conferred on the basis thereof, and further that the question of title of a property can only be decided by a competent court having jurisdiction in such matters, has been restated in recent decisions of this Court in Harish Chandra vs. Union of India and Others, 2019 (5) ADJ 212 (DB), Mahesh Kumar Juneja and Another vs. Additional Commissioner Judicial Moradabad Division and Others, 2020 (146) RD 545 and Smt. Kalawati vs. The Board of Revenue and Others (supra).

10. The reluctance of the Courts to interfere with orders arising out of mutation proceedings is primarily for the reason that the question at issue is with regard to correction of record-of-rights which is primarily maintained for revenue purposes and an entry ther

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