Back
YOGENDRA KUMAR SRIVASTAVA
Mahatam Sharma – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
YOGENDRA KUMAR SRIVASTAVA, J.
1. Heard Sri Manu Mishra, learned counsel for the petitioner, Sri Munna Tiwari, appearing along with Sri Aniruddha Chaturvedi, learned counsel appearing for the respondent Nos. 5 and 6 and Sri Abhishek Shukla, learned Additional Chief Standing Counsel appearing for the State respondents.
2. The present petition has been filed seeking quashing of order dated 26.08.2021/27.08.2021, passed by the Survey Nayab Tahsildar, the order dated 25.05.2022, passed by the Assistant Record Officer, and the order dated 02.06.2023, passed by the Additional Commissioner (Judicial) IInd, Gorakhpur Division, Gorakhpur.
3. The facts of the case, as pleaded in the writ petition, are being set out herein-below.
4. The property in dispute is described as an agricultural property being Khata No. 364, Gata No. 103 to 109, area measuring 0.92 hectares, situate in Village Uttarashot, Tehsil Sadar, District Gorakhpur.
5. It is stated that after the death of the original tenure-holder, Smt. Maharaji, the name of the father of the petitioner, namely, Naresh, was recorded in the revenue records as ‘Sirdar’ on 29.03.1973.
6. Thereafter, pursuant to an order dated 26.08.2021, passe
The court clarified that revisions against orders of the Assistant Record Officer must be filed before the Record Officer, not the Commissioner, as per the U.P. Land Revenue Act.
it was impermissible to Collector to have taken the entries nos.2208 and 2209 in suo motu revision after a period of almost close to five years. Therefore, the exercise of power by the Collector in t....
The scope of judicial review is confined to decision making process and not the decision per se.
Revenue authorities must continue with mutation proceedings irrespective of civil disputes, as entries in records do not determine title but are essential for fiscal purposes.
The correction of land records must follow statutory procedures under Section 32 of the Land Revenue Act, and orders issued against deceased individuals are void.
The court affirmed that a revision petition under the ROR Act can be filed without a time limit, emphasizing the need for a fresh enquiry into land ownership claims, especially in cases of alleged fr....
The main legal point established is the limitation of the Tahasildar's power in correcting the R.O.R. and map, and the Commissioner's authority to delegate jurisdiction, as well as the need for a lib....
The resurvey authorities are bound to ensure accurate classifications in the Basic Tax Register post-resurvey, and failure to do so necessitates judicial intervention.
The main legal point established is the requirement of notice and opportunity of hearing to the petitioner before passing orders under Sec.5(3) of the A.P. Record of Rights in Land and Pattedar Passb....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
