IMPORTANT POINT
The court ruled that an appeal under Section 35(2) of the Uttar Pradesh Revenue Code is subject to revision under Section 210, emphasizing the supervisory role of the Board or Commissioner over subordinate revenue courts.

JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. Heard Sri Shreeprakash Singh, learned counsel for the petitioner, Sri J.N. Maurya, learned Chief Standing Counsel appearing alongwith Sri Abhishek Shukla, learned Additional Chief Standing Counsel, for the State-respondents and Sri Arvind Srivastava, learned counsel for respondent No. 5.

2. The present petition has been filed primarily seeking to assail the order dated 13.07.2023, passed by the respondent No. 3, the Naib Tehsildar, Panwadia, Tehsil Sadar, Rampur, in Case No. 35 of 2023, in proceedings under Section 34 of the Uttar Pradesh Revenue Code, 2006 [the Code] and the subsequent order dated 04.12.2023, passed by the respondent No. 2, the Sub Divisional Magistrate, Tehsil Sadar, Rampur, in Case No. 3689 of 2023, an appeal under Section 35(2) of the Code, whereby the earlier order has been affirmed.

3. Counsel appearing for the State respondents and also the counsel appearing for the respondent No. 5, have raised an objection with regard to the entertainability of the writ petition by pointing out that the order passed in appeal, under Section 35(2) of the Code, would be subject to the statutory remedy of a revision under Section 210 of the Code.

4. Learned counsel appearing for the petitioner has sought to refute the aforesaid objection by seeking to urge that the remedy of a revision under Section 210 is available only in a situation where no appeal lies, and in the instant case since the petitioner is seeking to assail an order passed in an appeal under sub-section (2) of Section 35, the remedy of revision would not be available.

5. The question which therefore arises for consideration in the present case is as to whether an order passed in an appeal under sub-section (2) of Section 35 of the Code, would be subject to the remedy of a revision under Section 210 of the Code.

6. In order to appreciate the rival contentions, the relevant statutory provisions under the Uttar Pradesh Revenue Code, 2006, would be required to be adverted to.

7. The provisions with regard to mutation, as contained under Sections 33, 34 and 35 of the Code, are being extracted below:

“33. Mutation in cases of succession:

(1) Every person obtaining possession of any land by succession shall submit report of such succession to the Revenue Inspector of the circle in which the land is situate in such form as may be prescribed.

(2) On receipt of a report under sub-section (1) or on facts otherwise coming to his knowledge, the Revenue Inspector shall:

(a) if the case is not disputed, record such succession in the record of rights (Khatauni).

(b) in any other case, make such inquiry as may appear to him to be necessary and submit his report to the Tehsildar.

(3) Any person whose name has not been recorded by Revenue Inspector or who is aggrieved by the order passed by the Revenue Inspector under clause (a) or (b) of sub-section (2) may move an application before Tehsildar.

(4) The provisions of this section shall mutatis mutandis apply to every person admitted as a Bhumidhar with non-transferable rights or as an asami by the Bhumi Prabandhak Samiti in accordance with the provisions of this Code or any enactment repealed by it.

34. Duty to report in cases of transfer:

(1) Every person obtaining possession of any land by transfer, other than transfer referred to in sub-section (3) of Section 33 shall report such transfer, in the manner prescribed, to the Tehsildar of the Tahsil in which the land is situate.

Explanation - For the purposes of this section, the word transfer includes a family settlement.

(2) State Government may fix a scale of fees for getting entry recorded in the record of rights on the basis of transfer. A fee in respect of any such entry shall be payable by the person in whose favour the entry is to be made.

35. Mutation in cases of succession or transfer:

(1) On the receipt of a report under Section 33 or Section 34, or upon facts otherwise coming to his knowledge, the Tahsildar shall issue a proclamation and mak