State revenue authorities have no jurisdiction to re-categorize public utility land (such as pasture or khalihan) to circumvent the statutory prohibition in Section 132 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, which denies the accrual of bhumidhari rights in such lands.

Headnote:(A) U.P. Zamindari Abolition and Land Reforms Act, 1950 - Section 117, 129, 132, 195 - U.P. Consolidation of Holdings Act, 2004 - Section 4, 20, 23 - U.P. Land Revenue Act, 1901 - Section 234 - U.P. Land Records Manual - Paragraph A-124 - Ka-155-Ka - Public utility land - Re-categorisation - Jurisdiction - Bhumidhari rights - Res judicata - Appellant claimed title through re-categorisation of land from Category-6 (barren/public utility) to Category-5 (cultivable) by Sub-Divisional Officer. Court held that lower revenue authorities lack jurisdiction to re-categorize public utility land to bypass statutory prohibitions. Section 132 of the Abolition Act protects public utility land (khalihan and pasture) from accrual of bhumidhari rights.

Facts of the case:
The subject land was originally recorded as Category-6 (public utility). In 1992, the Tehsildar and Sub-Divisional Officer re-classified it as Category-5 and granted lease/pattas to the appellant. During subsequent consolidation, authorities sought to cancel these pattas, citing the land's original status as public utility land under Section 132 of the Abolition Act, on which no permanent rights can accrue.

Findings of Court:
The High Court and Supreme Court held that the re-categorisation was unauthorized and void ab initio. The administrative action could not override the specific statutory bar under Section 132 of the Abolition Act.

Issues: Whether the Sub-Divisional Officer acted within jurisdiction in re-categorizing the land and whether the principle of res judicata applied based on earlier threshold dismissals of cancellation applications.

Ratio Decidendi: Subordinate revenue authorities cannot indirectly permit what the statute forbids directly; re-categorisation of public utility land to defeat Section 132 of the Abolition Act is legally impermissible. Previous orders that did not adjudicate the merits of the patta's validity do not bar subsequent challenges under res judicata.

Result: Appeal dismissed.

Table of Content
1. historical timeline of land re-categorization and subsequent legal disputes. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. contentions regarding the authority of the sub-divisional officer to change land classification. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
3. statutory prohibition under section 132 against accrual of bhumidhari rights on public utility land. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25)
4. no jurisdiction for subordinate revenue authorities to alter land categories to defeat legislative intent. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32)
5. inapplicability of res judicata when previous proceedings were dismissed at threshold for lack of evidence. (Para 33 , 34 , 35 , 36)
6. conclusion of appeal confirming the illegality of the land re-classification. (Para 37 , 38)

J U D G M E N T

PRASHANT KUMAR MISHRA, J.

1) Leave granted.

2) The lis at hand concerns the validity of the change in categorisation of certain land situated in District Hardoi, Uttar Pradesh, the subsequent grant of pattas in favour of the appellant and the consequential ripple of events that ensued.

3) The backdrop of the present dispute is that prior to 31.10.1992, the subject land in dispute was recorded in Category-6 in the khatauni in terms of paragraph A-124 of the U.P Land Records Manual1 Hereinafter referred to as ‘the Manual’, which classifies the lands within a village. Category-6 inter alia denotes barren or uncultivated land including the lands covered with water, sites, roads, buildings and other non-agricultural uses. The area in which the subject land is situated is governed by the provisions of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 19502 Hereinafter referred to as ‘the Abolition Act’.

4) Category-5 under the Manual denotes cultivable land (Krishi Yogya Bhumi) with sub-categories such as new fallow (Navin Parti/Parti Jadid), old fallow (Purani Parti/Parti Kadim), among other categories.

5) On 05.04.1992, the Lekhpal submitted a report stating that the Land Management Committee (Gaon Sabha) had resolved to change the category of the subject land from Category-6 to Category-5. Similar reports recommending the change were submitted by the Revenue Inspector on 12.04.1992 and the Naib Tehsildar on 16.04.1992. Based on these reports, the Tehsildar recommended to the Sub-Divisional Officer on 31.10.1992 that the land be reclassified as Category-5, and the Sub-Divisional Officer approved the said recommendation, effecting the change, leading to grant of pattas to the appellant and certain other individuals. Their names were also recorded in the relevant khatauni on basis of such pattas.

6) Subsequently, the village in which the subject land is situated was brought under consolidation operations through a notification issued under Section 4 of the U.P. Consolidation of Holdings Act, 2004 . During the consolidation proceedings, the land settled in favour of the appellant by the lease dated 31.10.1992 was assigned a valuation, and the corresponding chaks were carved out under Section 20 of the U.P. Consolidation of Holdings Act. The appellant’s name continued to be recorded in the proceedings under Section 23 , and possession of the chaks was delivered on 01.07.2013. The appellant claims to have remained in continuous possession of the land since the grant of pattas and thereafter of the chaks allotted during consolidation.

7) After the grant of pattas, certain individuals, including one Shiv Karan, initiated proceedings under Section 198(4) of the Abolition Act, before the Collector, Hardoi, seeking cancellation of pattas issued to 68 persons, including the appellant. The Additional Collector, Hardoi, rejected these proceedings by an order dated 19.08.1994, holding that there was no prima facie evidence establishing execution of the pattas. A revision petition against the order dated 19.08.1994 was dismissed by the Additional Commissioner, Lucknow Division, on 04.08.1999.

8) Subsequently, during consolidat

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2026 Supreme(Online)(SC) 1662

Prashant Kumar Mishra, JBabu Singh – AppellantVersusConsolidation Officer – RespondentCIVIL APPEAL NO. 4633 OF 2026

State revenue authorities have no jurisdiction to re-categorize public utility land (such as pasture or khalihan) to circumvent the statutory prohibition in Section 132 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, which denies the accrual of bhumidhari rights in such lands.

Cases Referred (2)

Prashant Kumar Mishra, J
Babu Singh – Appellant
Versus
Consolidation Officer – Respondent
CIVIL APPEAL NO. 4633 OF 2026