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2023 Supreme(All) 2585

IN THE HIGH COURT OF ALLAHABAD
SAURABH LAVANIA, J.
Rambahadur and anr. - Petitioners
Versus
Deputy Director of Consolidation Amethi and ors. - Respondents
WRIT - B NO. - 63 OF 2023.
Decided On : 27-01-2023

Advocates appeared:
For the Petitioner: Jai Prakash Yadav.
For the Respondent: C.S.C., Ashutosh Dhar Dubey, Chandra Shekhar Shukla, Mohan Singh, Parijat Mishra Belavra.

Headnote:(A) U.P. Consolidation of Holdings Act, 1953 - Sections 42 and 52 - Challenge to the revision order by the Consolidation Authority regarding clerical correction - It is settled law that the authority can correct clerical errors only and not review final orders - Under Section 52, corrections in revenue records are to be made as per the U.P. Revenue Code 2006. (Paras 5 and 6)

(B) Power of the Consolidation Authority - The authority exceeded its jurisdiction by changing the nature of the plot, which was impermissible under Section 42 post-notification under Section 52. (Para 6)

Facts of the case:
The petitioners contested the order by the Deputy Director of Consolidation, which interfered with a 2018 order granting land rights, citing clerical errors. The original entry recorded the plot as 'Matrook' and was improperly altered in favor of the petitioners’ father.

Findings of Court:
The court upheld the revision order, concluding it was justified as the authority acted beyond its powers under the Act.

Issues: The primary issue was whether the Consolidation Authority could amend the nature of land records after closing operations via notification under Section 52.

Ratio Decidendi: The court ruled that corrections are limited to clerical or arithmetical errors and affirmed that the authority could not change plot status post-notification.

Result: Petition dismissed as meritless.

Table of Content
1. challenge to order under u.p. consolidation of holdings act. (Para 2)
2. recording of agricultural land in favor of petitioners. (Para 3)
3. respondent's revision against order of consolidation officer. (Para 4)
4. authority's limitation under section 42 of the act. (Para 5)
5. improper exercise of authority by correction of records post consolidation. (Para 6)
6. court upholds impugned order and dismisses petition. (Para 7 , 8)

JUDGMENT

Saurabh Lavania, J.

Heard learned counsel for the parties.

2. By means of this petition, the petitioners have challenged the order dated 08.12.2022 passed by the respondent No. 1/Deputy Director of Consolidation, Amethi, District-Amethi in Revision No. 354 filed by the respondent No. 3/Sushila Devi w/o of Rajpati under Section 48 (1) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "Act of 1953"), whereby, a challenge was made to the order dated 10.04.2018, by which the Consolidation Officer concerned allowed the application filed under Section 42 of the Act of 1953.

3. It is to be noted that vide order dated 10.04.2018, the Consolidation Officer concerned recorded the Gata No. 233M area 0.063 hectare in Khata No. 190 situated at Village-Kanu, Pargana and Tehsil-Amethi, District-Amethi in favour of Ram Harakh, father of the petitioners, which in the settlement year was indicated as 'Matrook' in Khata No. 299.

4. Aggrieved by the order dated 10.04.2018, the respondent No. 3 filed a Revision along with an application for condonation of delay on 18.01.2019. After condoning the delay, the Revisional Authority interfered in the order dated 10.04.2018 vide its order dated 08.12.2022, in issue, in this petition. The relevant portion of the order dated 08.12.2022 on reproduction reads as under:-

    - Section 42-

    A. Correction of Clerical of Arithmetical Errors-Notwithstanding anything contained in any law for the time being in force, if the Consolidation Officer or the Settlement Officer, Consolidation, is satisfide that a clerical or arithmetical error apparent on the face of the record exists in any document prepared under any provision of his Act, he shall, either on his own motion, or on the application of any person interested, correct the same.

    Correction of Clerical or Arithmetical Errors

    9A. Disposal of Cases relating to Claims to Land and Partition of Joint Holding. 9A (2) ( - All cases which are not disposed of by the Assistant Consolidation Officer under sub-section (1), all cases relating to valuation of plots and all cases relating ti valuation of trees, well or other improvements, for calculating compensation therefor, and its apportionment amongst co-owners, if there be more owners than one, shall be forwarded by the Assistant Consolidation Officer to the Consolidation Officer, who shall dispose of the same in the manner prescribed.

    11-A. Bar on objection. No question in respect of-Claims to land, Partition of joint holding, and Valuation of plots, tree, well and other improvements, where the question is sought to be raised by a tenure holder of the plot or the owner of the tree, well or their improvements recorded in the annual register under Section 10, relating to Consolidation area, (Which has been raised under Section 9 or which might or ought to have been raised under that Section), but has not been so raised, shall be raised or heard at any subsequent stage of the Consolidation proceedings.

    48. Revision and reference. (1) The Director of Consolidation may call for and examine the record of any case decided or proceedings taken by any subordinate authority for the purpose of satisfying himself as to the regularity of the proceedings; or as to the correctness, legality or propriety of any order [other than an interlocutory order passed by such authority in the case or proceedings any may, after allowing the parties concerned an opportunity of being heard, make such order in the case of proceedings as he thinks fit.

5. It is settled principle o

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