The Supreme Court has quashed an Allahabad High Court order that had permitted a fresh round of proceedings for correction of a village revenue map nearly 17 years after the dispute was conclusively settled. A Bench of Justice Rajesh Bindal and Justice Manmohan held that the private respondents were attempting to reopen a settled issue, noting that the “idea is to curtail the litigation and not generate it. Any unnecessary remand by a Higher Court generates fresh round of litigation, which should be avoided.” Calling the High Court’s interpretation of Section 30 of the Uttar Pradesh Revenue Code misdirected, the Court clarified that the provision permits correction only of actual errors or omissions, not alteration of a plot’s location purchased with eyes wide open.
The case stemmed from a dispute over a Plot in Pilibhit, where the private respondents sought correction of the revenue map despite the issue having attained finality in earlier proceedings. Their application under Section 28 of the Uttar Pradesh Land Revenue Act, 1901, was rejected by the Collector in 1998 and affirmed by the Additional Commissioner in 2001, both authorities finding that the respondents were attempting to obtain a new location for their plot rather than correct any error.
Seventeen years later, they revived the same claim under Section 30/38 of the Uttar Pradesh Revenue Code, 2006, but the Collector and the Additional Commissioner again rejected it, noting the absence of any error or omission. The High Court’s decision to set aside these findings and remand the matter prompted the appeal, as the appellant, who is in possession of the adjoining portions of the same plot, would be directly affected by an alteration in the respondents’ plot location.
The Supreme Court has allowed the appeal and set aside the High Court’s remand order.
Appearances
Petitioner- Mr. Surendra Kumar, Sr. Adv. Mr. Shrey Kapoor, AOR Mr. Tarun Khanna, Adv.
Respondents- Mr. S. R. Singh, Sr. Adv. Mr. Sushant Kumar Yadav, Adv. Mr. Prateek Yadav, Adv. Mr. Mangal Prasad, Adv. Mrs. Sunita Pandit, Adv. Mr. Prithvi Yadav, Adv. Mr. Gaurav Lomes, Adv. Mr. Anurag Singh, Adv. Ms. Radha Rajput, Adv. Mr. Ankur Yadav, AOR
