Recently, the Supreme Court has delivered a significant ruling in a long-running revenue-map dispute, overturning a High Court order that had reopened a matter settled nearly two decades ago. The Court held that such reopening was legally impermissible when the issue had already attained finality after consolidation proceedings and successive orders of revenue authorities.
The dispute originated from an application seeking correction of the revenue map for a particular plot. Revenue authorities rejected the request after finding, based on a commission report and nazari map, that the parties were in possession of their respective sub-plots exactly as recorded. An appeal also failed, and that determination became final.
More than 17 years later, after the enforcement of the Uttar Pradesh Revenue Code, a fresh application was filed invoking Section 30/38 of the Uttar Pradesh Revenue Code, 2006, again seeking a correction of the map. The Collector and the Additional Commissioner rejected it, holding that the earlier proceedings had concluded the matter and that no error or omission existed in the revenue record to warrant reopening. When the High Court set aside those orders and ordered a fresh decision, the appellant approached the Supreme Court.
It was argued that the High Court had misread Section 30 of the Code and ignored the fact that the dispute had already been conclusively decided in earlier proceedings. The application filed after nearly two decades was an attempt to relocate the plot for a better frontage, not to correct any error. Reopening the matter would cause endless litigation.
They contended that courts generally do not interfere with remand orders and that Section 30 empowered the Collector to correct records periodically. According to them, the bar of res judicata did not apply and the High Court rightly allowed reconsideration.
The Supreme Court examined the entire record and held that the High Court had “misdirected itself while dealing with the issues involved” and had “misread and misinterpreted Section 30 of the Code.” It noted that the legislative intent of Section 30 was limited to maintaining revenue records and correcting genuine errors or omissions, not to reopen long-settled disputes or alter plot locations.
The Court emphasised that earlier proceedings had conclusively determined the parties’ possession and location of sub-plots, and those findings had attained finality. Re-litigation after 17 years, it said, was an impermissible attempt to secure a more favourable position on the map. It further reiterated that unnecessary remands only generate fresh litigation and should be avoided.
The Supreme Court set aside the High Court’s remand order, holding that the dispute stood settled in earlier proceedings and could not be revived under Section 30 of the UP Revenue Code. The appeal was allowed, and the orders of the revenue authorities rejecting the later application were effectively restored.
Case Title: Suvej Singh Versus Ram Naresh And Ors.
Case No.: Arising out of S.L.P.(C)No.1681 of 2024
Coram: Hon’ble Mr Justice Rajesh Bindal and Hon’ble Mr Justice Manmohan
Counsel for the Petitioner: Sr. Adv. Surendra Kumar, AOR Shrey Kapoor, Adv. Tarun Khanna
Counsel for the Respondent: Sr. Adv. S. R. Singh, Adv. Sushant Kumar Yadav, Adv. Prateek Yadav, Adv.Mangal Prasad, Adv. Sunita Pandit, Adv. Prithvi Yadav, Adv. Gaurav Lomes, Adv. Anurag Singh, Adv. Radha Rajput, Adv. Ankur Yadav
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