Ram Dhani v. State of U.P. & Others, Writ-C No. 22756 of 2018, decided by the Allahabad High Court on 22 November 2018.
Judgment Summary
Case
Ram Dhani v. State of U.P. & Others
Writ-C No. 22756 of 2018
Allahabad High Court — Justice Siddhartha Varma
Decision: 22.11.2018
Facts
The dispute concerned Plot No. 744, area 0.0390, situated in Village Sardarganj, Tehsil Mehnagar, District Azamgarh.
The Revenue Authorities had passed an order dated 26.12.2013 under Section 123(1) of the U.P. Zamindari Abolition and Land Reforms Act, 1950, settling the plot in favour of respondent no. 5. Ram Dhani challenged that order and the subsequent revisional order dated 02.05.2018.
Main Issue
The important question was essentially:
Can Revenue/Administrative Authorities decide who is actually in possession when two private persons claim possession over the same Gaon Sabha land, particularly without relying upon the Khasra entries?
High Court's Finding
The Court held that the Revenue Authorities should determine possession by looking at the entries in the revenue records, particularly the Khasra, rather than merely relying upon reports prepared by various officials.
Where there is an inter-se dispute between two persons regarding their rights/title, the administrative authorities cannot properly adjudicate that dispute merely through administrative reports. The parties must approach the competent Civil Court or the appropriate Revenue Court under the applicable land laws for declaration of their rights.
Important Direction Regarding Khasra
The Court strongly criticised the practice of deciding possession merely on the basis of departmental reports instead of properly maintained revenue records.
The judgment directed the State Government to ensure that Khasra entries are regularly and properly recorded three times every year by Lekhpals and Tehsildars, and that maps are corrected whenever changes occur.
The Court also directed that where wrongful possession is found in a particular Fasli year, the Gaon Sabha and State authorities should take action under Section 67 of the U.P. Revenue Code, 2006, subject to the circumstances mentioned in the judgment.
Final Result
The High Court dismissed the writ petition, holding that the petitioner could not obtain relief in the writ proceedings and would have to pursue a declaratory suit before the Civil Court or the competent court under the land laws.
Key takeaway:
Revenue authorities should rely on properly maintained Khasra/revenue entries for possession; an inter-se title/right dispute should be taken to the competent Civil/Revenue Court.
WRIT - C No. 22756 of 2018 at Allahabad Ram Dhani Vs. State of UP Date of Decision /Judgment and Order dt. 22/11/2018 Neutral Citation No. - 2018:AHC:187167
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