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CHANDRA KUMAR RAI
Ramashankar – Appellant
Versus
State Of UP – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. The learned counsel for the petitioner is permitted to implead the Additional Collector as respondent No.7 in the writ petition during course of the day.
2. Heard Mr. Vidya Dhar Yadav, learned counsel for the petitioners, Mr. Arun Kumar Tiwari, holding brief of Narendra Kumar Pandey, learned counsel for respondent Nos.4, 5 and 6 and Dr. Govind Kumar Saxena, learned Additional Chief Standing Counsel for the State-respondents.
3.The instant writ petition has been filed for the following relief:
(II) Issue a writ, order or direction in the nature of certiorari quashing the entire proceeding initiated by the respondent Nos.4, 5 and 6 and their mother (since dead) under Section 28 of Land Revenue Act bearding case No. D 2015166700434 of 2015 Ashok Kumar and others vs. State, in regard to correction of map of plot No. 45 area 11 Biswa 8dhoor situate in village Unj Mugaraha, Post-Unj, Taluka Korh, Tehsil-Gyanpur, District-Bhadohi."
4. Learned counsel for the petit
The court emphasized adherence to statutory procedures in land revenue disputes, ensuring both parties have the opportunity to present their objections.
The court affirmed the Chief Revenue Officer's exercise of jurisdiction under Section 28 of the U.P. Land Revenue Act, ruling that remanding for fresh adjudication was an abuse of process.
A writ petition can be entertained despite the availability of an alternative remedy when the impugned order violates principles of natural justice.
Summary proceedings under the U.P. Land Revenue Act cannot expunge long-standing land entries; proper judicial recourse is required for ownership disputes.
The court emphasized that map correction applications must adhere to proper provisions; specifically, errors in allotment should be addressed under Sections 33/39 rather than Section 28 of the Act.
The Collector has a statutory duty to correct errors in revenue records, including maps, without discretion to refuse corrections based on administrative manuals.
The court emphasized the necessity for accurate land measurements and the precedence of khatauni over khasra in property disputes.
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