Mrs. Harcharan Kaur Gill & Ors. vs Sub Divisional Magistrate, ...
2021 Latest Caselaw 1375 ALL

Citation : 2021 Latest Caselaw 1375 ALL
Judgement Date : 21 January, 2021

Allahabad High Court

Mrs. Harcharan Kaur Gill & Ors. vs Sub Divisional Magistrate, ... on 21 January, 2021

Bench: Devendra Kumar Upadhyaya, Manish Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 
Case :- MISC. BENCH No. - 1405 of 2021
 
Petitioner :- Mrs. Harcharan Kaur Gill & Ors.
 
Respondent :- Sub Divisional Magistrate, Sarojninagar, Lko. & Anr.
 
Counsel for Petitioner :- Jitendra Saksena,Balram Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Manish Kumar,J.

Heard learned counsel for petitioners and learned Standing Counsel for the State-respondents.

By means of this petition, a prayer has been made seeking a direction to revenue authorities of tehsil concerned for implementing the judgment and order dated 23.09.2020 passed by the Additional District and Sessions Judge, Court No.10, Lucknow on appeal preferred by the petitioners under Section 17 of the Forest Act, against the order dated 04.03.2017 whereby the claim petition filed by the predecessor of the petitioners was rejected. By the appellate order, claim of the petitioners has been accepted and the notification dated 11.10.1952 issued under the relevant provision of Forest Act in respect of the property in question has been cancelled.

The petitioner in fact seeks that revenue record should also be corrected in accordance with the judgment and order passed by the appellate court on 23.09.2020.

Under the scheme of U.P. Revenue Code, 2006, it is duty of the Collector to maintain revenue records. He can do it himself or through his subordinate officers. So far as any error or omission etc. in the revenue records including record of rights i.e. khatuni is concerned, appropriate provision can be found under Section 38 of U.P. Revenue Code, 2006.

Accordingly, without entering into the merits of the claim of petitioner, this petition is disposed of finally with liberty to the petitioner to approach the authority/court concerned by way of initiating appropriate proceedings under Section 38 of U.P. Revenue Code, 2006. Once any such proceedings are initiated, the same shall be taken to their logical end by the authority/court concerned, as expeditiously as possible, say within a period of three months from the date such proceedings are instituted under this order.

Order Date :- 21.1.2021

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