JUDGMENT :

Ashutosh Srivastava, J.

This writ petition styled as a PIL has been filed for declaring the U.P. Land Record Manual as ultra-vires the U.P. Revenue Code, 2006, and the Revenue Code Rules, 2016. Although the prayer made in the writ (PIL) is not so specific but from the tenor of the petition it is borne out that the petitioner seeks the aforesaid relief. We however quote the reliefs claimed in the petition which are as under :

''1. Issue a writ order or direction in the nature of Certiorari declaring U.P. Land Record Manual as ultra-virus (deliberately misspelt to reproduce as it appears in the petition)

2. Issue a writ order or direction in the nature of Mandamus commanding the respondents to make new U.P. Land Record Manual as per provisions of the U.P. Revenue Code 2006 or amend Para ka-124 of U.P. Land Record Manual in accordance with the class of the tenure as defined in U.P. Revenue Code 2006.

3. Issue any other writ order or direction which the Hon'ble Court may deem fit and proper under the facts and circumstances of the case.''

2. It is contended on behalf of the petitioner that he is a social worker and farmer and takes active part in the social work and espouses the cause of poor villagers and farmers and has no personal interest in filing the present PIL petition which is being filed for the benefit of the villagers and public at large. It is contended that the instant petition raises the issue for the general interest of the public as U.P. Land Record Manual is an old Manual and is not according to U.P. Revenue Code, 2006.

3. Before dealing with the plea as raised in the writ PIL, it would be apposite to briefly state about the U.P. Land Record Manual and the U.P. Revenue Code, 2006 as also the Revenue Code Rules, 2016 framed thereunder.

4. The U.P. Land Record Manual is a collection of Rules framed under Section 234 of the Land Revenue Act, 1901 as well as instructions issued by the State Government in relation to various matters. Chapter -V of Part-I of the Manual relates to the map and Khasra, Chapter VIII deals with the Khatauni. The preface to the Manual shows that Chapters III to XI of Part-I of the Manual have been framed under Clause (d) of Section 234 of the Land Revenue Act, 1901. Thus the rules contained in Chapter V and VIII of the Manual are statutory Rules made under Section 234. Chapter-V dealing, inter alia, with Khasra consists of paras 55 to 102. Chapter VIII relates to Khatauni and consists of paras 121 to 160. Para 60 provides that Khasra shall be prepared in Form No. P-3. Form No. P-3 consists of 21 columns. Column-5 is meant for the name of the cultivator. In Column No. 6 are to be entered the names of sub-tenants or tenants of sir, or tenants of permanent tenure-holders, or rent free grantees, or grantees at a favourable rate of rent or occupier of land without the consent of the persons entitled to admit such sub-tenants. Column No. 21 is the remark column. Para 71 provides for the entry in Column No. 5. It is not only the name of the cultivator but also the ''nature of his rights' i.e. the class of his tenure and where necessary, the term of cultivation, have to be entered. These entries are to be made in accordance with paras 72 to 86, 124 and 124-A and 126 to 129 as the case may be. Paras 124 to 129 are in Chapter VIII dealing with Khatauni. In substance the U.P. Land Record Manual provides the rules and procedures for preparation and maintenance of Land Records.

5. The U.P. Revenue Code, 2006 (U.P. Act No. 8 of 2012) has been promulgated to consolidate and amend the law relating to land tenures and land revenue in the State of Uttar Pradesh and to provide for matters connected therewith and incidental thereto. There were as many as 39 Acts relating to revenue law enforced in the State of U.P. Out of these Acts, the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 and the U.P. Land Revenue Act, 1901, are the most prominent. The aforesaid Acts have been amalgamated in the U.P