UP REVENUE CODE, 2006

10 MARKERS PYQs
1. Who is Bhumidar with transferable rights? Explain their
rights along with restrictions in short, 10 marks

A Bhumidhar with transferable rights is a category of landholder

recognized under land reform laws in some Indian states, such as Uttar
Pradesh, particularly under the U.P. Zamindari Abolition and Land Reforms
Act, 1950. This status is typically granted to individuals who have a
permanent and heritable interest in the land, along with the legal ability to
transfer (sell, mortgage, lease, gift, etc.) that land.

Rights of a Bhumidhar with Transferable Rights:

1. Ownership: Full rights over the land, akin to ownership.

2. Transferability: Can sell, gift, mortgage, lease, or will the land.

3. Heritability: Land rights pass on to legal heirs.

4. Use of land: Can use the land for agricultural and certain non-
agricultural purposes.

5. Protection: Cannot be easily evicted; has strong tenancy and

ownership protections.

Restrictions:

1. Purpose: Cannot convert agricultural land to non-agricultural use

without government permission.

2. Ceiling Laws: Cannot hold land beyond land ceiling limits.

3. Transfer to non-agriculturists: In some areas, restrictions exist on

transferring land to non-agriculturists or non-residents.

4. Tribal Areas: In scheduled or tribal areas, transfer may be restricted

to protect indigenous communities.

2. What are the objectives of U.P. Imposition of Ceiling on Land

Holdings Act, 1960? 10 marks
The U.P. Imposition of Ceiling on Land Holdings Act, 1960 was enacted
with the aim of ensuring equitable distribution of agricultural land and
promoting social justice. Here are the key objectives of the Act:

Objectives:

1. Limit Land Ownership: To impose a maximum ceiling on the

amount of agricultural land an individual or family can legally
hold.

2. Redistribute Surplus Land: To identify and acquire surplus land

above the ceiling limit and redistribute it among landless
agricultural laborers and small/marginal farmers.

3. Prevent Concentration of Land: To break large landholdings

and prevent the concentration of land in the hands of a few
individuals or families.

4. Promote Agrarian Equality: To reduce inequality in the agrarian

structure and promote social and economic justice in rural
areas.

5. Enhance Agricultural Productivity: By distributing land to the

actual tillers, the Act aimed to encourage more efficient and
intensive use of agricultural land.

6. Discourage Benami Holdings: To curb the practice of holding

land under fake names to evade ceiling laws.

3. Write a note on Gaon Sabha. 10 marks [repeated]

A Gaon Sabha is a village assembly in India, primarily found in rural areas,

and serves as the fundamental unit of local governance under the
Panchayati Raj System. It is recognized under the Constitution of India and
operates at the village level, with its main purpose being to facilitate local
self-governance and empower the community to manage its affairs.

Key Features of Gaon Sabha:

1. Composition:

 The Gaon Sabha is composed of all the adult voters

(electors) residing in a village.

 It is a public body, and every person in the village who is

eligible to vote becomes a member by virtue of their
residence and voting rights.

2. Role and Functions:

  Decision-Making: The Gaon Sabha discusses and makes
decisions on various issues related to the village,
including land, infrastructure, sanitation, water supply,
and other community matters.

 Management of Common Resources: It is responsible for

the management of community land and other common
properties such as village ponds, forests, and pastures.

 Social Welfare: The Gaon Sabha plays a crucial role in

promoting social welfare and addressing issues like
education, health, and rural development.

 Election of Panchayat Members: The Gaon Sabha elects

representatives to the Gram Panchayat, which is the
next level of local governance under the Panchayati Raj
system.

3. Powers and Responsibilities:

 It can approve budgets for various local development

programs.

 It can resolve disputes related to land and common

property rights.

 The Gaon Sabha plays a role in land distribution and

other local administration matters.

4. Meetings:

 Regular meetings of the Gaon Sabha are convened,

usually once a year, but special meetings can be called
if necessary.

 These meetings are open to all members of the village,

ensuring that everyone has a voice in the decisions
made.

5. Legal Recognition:

 Gaon Sabhas are empowered under the Constitution of

India (Article 243), which mandates the formation of
Panchayats at various levels.

 It has a legal status, and its decisions, especially

concerning the management of village resources, are
binding.

Significance
 o The Gaon Sabha acts as a democratic platform for rural
citizens to participate in governance, thereby strengthening
grassroots democracy.

o It plays a key role in rural development, ensuring that

decisions reflect the needs and priorities of the local
population.

4. What is mutation? Define and discuss its process ?10 marks

Mutation refers to the process of updating or recording a change in

ownership or rights over land in the official land revenue records (also
called Khatauni or Record of Rights). It reflects changes resulting from
sale, inheritance, gift, will, lease, court decree, etc.

Mutation does not confer ownership by itself—it is only an administrative

entry to reflect a change already effected by law or fact.

Definition:

Under the U.P. Land Revenue Act, 1901, mutation is the process of
substituting the name of a new landholder in place of the previous one in
the revenue records due to a lawful transfer or succession.

Purpose of Mutation:

 To maintain updated land records

 For proper assessment and collection of land revenue

 To establish possession for administrative and legal purposes

 Required for applying for loans, subsidies, or sale of land

Process of Mutation:

1. Application:

o The new owner or interested party files a mutation application

in the Tehsil Office or online (in states with digital systems).

2. Submission of Documents:

o Relevant documents must be attached:

 Sale deed / Gift deed / Will / Court decree / Succession

certificate

 Death certificate (in case of inheritance)

 ID proof of applicant

3. Verification:
 o The Lekhpal (village revenue official) conducts a field
inspection to verify possession and documents.

o A report is submitted to the Tehsildar.

4. Notice and Objection:

o Public notice is issued to invite objections, if any, within a

stipulated period (usually 15–30 days).

o If an objection is filed, a hearing is conducted.

5. Order by Revenue Officer:

o If no objection is raised or the claim is verified, the Tehsildar or

Assistant Collector passes a mutation order.

6. Entry in Records:

o The change is officially recorded in the Khatauni and land

records.

o The applicant receives a copy of the updated mutation entry.

Types of Mutation:

1. Mutation due to Sale (Bainama)

2. Mutation due to Inheritance (Virāsat)

3. Mutation due to Gift (Hibā)

4. Mutation by Court Decree

Important Notes:

 Mutation is governed by Rule 34 to 40 of the U.P. Land Revenue

Rules.

 Disputes arising during mutation are decided by Revenue Courts.

 Delay or failure in mutation can lead to legal complications in land

dealings.

5. What is abandonment? distinguish between abandonment

and surrender?

Under the U.P. Zamindari Abolition and Land Reforms Act, 1950,
abandonment refers to the involuntary loss of land rights when a
landholder or tenant fails to use or cultivate their land for two consecutive
agricultural years without sufficient reason.
  As per Section 186 of the Act, if a bhumidhar or asami leaves their
holding uncultivated for two years, the land can be declared
abandoned by the Tahsildar, and the rights over that land are
forfeited.

 The land then becomes vacant and is returned to the Gaon Sabha or
may be reallocated.

Distinction Between Abandonment and Surrender

Aspect Abandonment Surrender

Involuntary and Voluntary action by the

Nature
automatic after neglect landholder

Governing Section 186 of U.P. Z.A. Sections 183–185 of U.P.

Section & L.R. Act Z.A. & L.R. Act

Non-cultivation for 2 Written request to relinquish

Cause
consecutive years possession

Tahsildar or Gaon
Landholder or tenant
Initiated by Sabha based on
(Bhumidhar/Asami)
inspection or report

Generally whole
Extent Bhumidhar: Part or whole;
holding is considered
Allowed Asami: Whole holding only
abandoned

Written notice by tenure

Notice Show-cause notice by
holder to Land Management
Requirement Tahsildar
Committee

Tenure ends; land Tenure ends; land reverts to

Effect
becomes vacant Gaon Sabha or lessor

Possession Not required to give Possession must be handed

Required? possession voluntarily over with the surrender

Revenue liability Holder may be liable for

Revenue
ceases post- next year’s rent if not timely
Implication
abandonment filed

6. Discuss the order of Priority in Allotment of Lands of Gaon

Sabha. Explain also the authority who can set aside the
order of such allotment.
Introduction:

In Uttar Pradesh, lands vested in the Gaon Sabha (village council) under
Section 117 of the U.P. Zamindari Abolition and Land Reforms Act, 1950
(U.P. Z.A. & L.R. Act) can be allotted for agricultural or residential use. The
U.P. Panchayat Raj Rules, 1972 and government orders specify the order of
priority to ensure fair and need-based distribution.

Order of Priority for Allotment:

The priority list ensures that landless and marginalized individuals are
given preference. The order is generally as follows:

1. Scheduled Castes and Scheduled Tribes (SC/ST) – landless

agricultural laborers.

2. Other landless persons dependent on agriculture.

3. Ex-servicemen and war widows.

4. Physically handicapped persons.

5. Displaced persons due to government projects.

6. Marginal and small farmers.

7. Persons engaged in essential services (like village artisans, barbers,

washermen, potters, etc.).

The Tehsildar, along with the Land Management Committee of the Gaon
Sabha, plays a role in identifying eligible beneficiaries.

Authority to Allot and Cancel:

 The Land Management Committee (Bhumi Prabandhan Samiti)

recommends allotments.

 Final allotment orders are issued by the Sub-Divisional Magistrate

(SDM) or Tehsildar, depending on the land type and area.

Authority to Set Aside or Cancel Allotment:

Under Section 198(4) of the U.P. Z.A. & L.R. Act, 1950:

 The Collector has the power to cancel any illegal or irregular

allotment of Gaon Sabha land.

 This can be done suo motu (on his own) or on complaint or appeal.

 If the allotment is found to be:

o In violation of the priority order,

o Made to ineligible persons, or

 o Obtained through fraud or misrepresentation, it can be set
aside.

The aggrieved party may appeal before the Commissioner or approach the
Board of Revenue.

7. What do you mean by Devolution Order of Succession and

Survivorship?

Introduction:

Devolution refers to the transfer of rights or interest in land from a

deceased tenure-holder (like a bhumidhar or asami) to their legal heirs.
Under the U.P. Zamindari Abolition and Land Reforms Act, 1950, such
devolution may occur either by succession or by survivorship, depending
on the nature of the tenure and the type of ownership.

1. Devolution by Succession:

This applies when the tenure-holder held land individually (not as part of a
joint Hindu family).

Key Features:

 On death, the land devolves to legal heirs as per the personal law
applicable (e.g., Hindu Succession Act, Muslim law, etc.).

 Applies to:

o Bhumidhar with transferable rights,

o Asami of certain categories.

Order of Succession under U.P. Z.A. & L.R. Act (Section 171):

 Widow

 Sons, daughters

 Father, mother

 Brother, unmarried sister

 Other specified heirs as per a defined order

The devolution ensures continuity of cultivation and protection of family

rights.

2. Devolution by Survivorship:

This applies in the case of a Hindu joint family holding land jointly.
Key Features:

 Upon death of one co-parcener, their interest does not pass by

inheritance.

 It automatically passes to surviving members of the joint family.

 No need for formal succession; rights merge with survivors.

This method respects the joint family system and avoids division unless
partition is demanded.

Distinction Between the Two:

Basis Succession Survivorship

Applies to joint family

Nature Applies to individual holdings
holdings

Personal law (e.g., Hindu Hindu joint family

Law Applied
Succession Act) custom

Transfer By automatic right of

By inheritance
Method survival

Partition Not required unless

Yes, after inheritance
Needed? demanded

8. Jurisdiction and Procedure of Revenue Courts

1. Introduction:

In Uttar Pradesh, Revenue Courts are specialized courts that deal with
land and agricultural matters such as tenancy, land records, partition,
succession, boundary disputes, etc. Their jurisdiction and procedure are
primarily governed by the U.P. Revenue Code, 2006 and the U.P. Revenue
Code Rules, 2016.

2. Revenue Courts and Their Jurisdiction:

As per Section 13 of the U.P. Revenue Code, the following officers function
as Revenue Courts:

Authority Jurisdiction Type

Board of Revenue Revision, Supervision, Appeals

Commissioner Appellate Jurisdiction

Authority Jurisdiction Type

Collector (DM) Supervisory and Appellate

Assistant Collector (1st

Original Trial Court for major suits
Class)

Assistant Collector (2nd Minor cases (e.g., ejectment,

Class) mutation)

Matters within Jurisdiction:

 Declaration of rights (Section 144)

 Partition of holdings (Section 116)

 Eviction of unauthorized occupants (Section 67)

 Mutation and correction of records (Section 35)

 Boundary and succession disputes

Bar on Civil Courts (Section 211):

Civil courts cannot decide matters which fall exclusively under the
jurisdiction of Revenue Courts.

3. Procedure of Revenue Courts:

Outlined in Chapter IV (Sections 214–222) of the U.P. Revenue Code, 2006.

Basic Procedure:

1. Filing of suit or application with necessary documents.

2. Issue of notice to all concerned parties.

3. Submission of written statement/objections.

4. Evidence: Oral, documentary, or site inspection.

5. Hearing and final order or decree.

6. Appeal, revision or review, if applicable.

Key Features:

 Proceedings are summary in nature, but follow principles of natural

justice.
  Revenue Courts may adopt Civil Procedure Code (CPC) where
necessary.

 They have powers to summon witnesses, enforce attendance, and

conduct local inquiries.

4. Appeal and Revision:

 Appeal lies to the higher Revenue Authority (Collector,

Commissioner).

 Second appeal or revision may be filed before the Board of Revenue.

 Review of judgment is also possible under certain conditions.

8. Discuss the Ownership of Land and Other Properties under the

U.P. Revenue Code, 2006

1. Introduction:

The U.P. Revenue Code, 2006 consolidates and updates laws related to
land and revenue administration in Uttar Pradesh. It defines various
categories of ownership and land tenure and clarifies who holds ownership
rights over different types of land.

2. Categories of Land Ownership:

The Code classifies land ownership primarily under the following heads:

A. Government Land (Section 15):

o All lands not belonging to private individuals or institutions are

presumed to belong to the State Government.

o Includes waste lands, forests, abandoned land, and

unassigned lands.

o The State can allot or lease such land to individuals or

institutions.

B. Land Vested in Gaon Sabha (Section 11 & 117 of earlier U.P.

Z.A. & L.R. Act):

o Certain types of land like pasture land, ponds, pathways, etc.,

vest in the Gaon Sabha for common use.

o Managed by the Land Management Committee.

o Cannot be privately owned except through proper allotment.

3. Private Ownership – Tenure-Holders:

Under the Code, private individuals may hold land as tenure-holders, with
certain rights and restrictions.

A. Bhumidhar with Transferable Rights (Section 35):

o Has ownership-like rights.

o Can transfer, mortgage, lease, or bequeath land.

o Liable to pay land revenue.

B. Bhumidhar without Transferable Rights:

o Similar to a bhumidhar but with restricted power of transfer.

o Rights may be limited by law or government grant.

C. Asami (Section 37):

o Holds land on a non-permanent basis.

o Usually given to landless persons or temporary occupants.

o Cannot transfer land and can be evicted for non-use or

misuse.

4. Institutional or Trust Ownership:

o Religious, charitable, or educational trusts may hold land with

special conditions.

o Subject to supervision and restrictions on alienation.

5. Ownership of Other Properties:

The Code also deals with non-agricultural land, buildings, wells, trees, etc.

o Trees planted by tenure-holders are their private property

(unless owned by the State).

o Wells, structures, and improvements made by a holder are

owned by them, but rights may revert to the State on
abandonment or eviction.

6. Restriction on Ownership and Transfer:

 o Certain categories like SC/STs and land allottees face transfer
restrictions for a specific number of years.

o State has power to resume land in case of breach of

conditions or illegal transfer.

9. Difference between Rent and Revenue?

Basis Rent Revenue

Payment made by a
Definitio tenant to the Payment made by the landholder to the
n landowner for the use State for holding and using land.
of land.

Paid by the cultivator Paid by the landholder or zamindar to

Payer
(tenant or lessee). the government.

Received by a private
Receiver individual (landlord, Received by the State/Government.
zamindar, etc.).

It is a private payment
Nature (economic return for It is a statutory or legal obligation (tax).
land use).

Compensation for using

Source of public revenue; helps in
Purpose land owned by
administration and development.
someone else.

A zamindar pays land revenue to the

A tenant pays rent to a
British colonial government (pre-
Example zamindar for cultivating
independence) or state government
land.
(post-independence).

10. Objective of Ceiling Act 1960?

Objectives of the Ceiling Act, 1960

1. Abolish Concentration of Land Ownership

o To prevent a few individuals or families from holding large

tracts of agricultural land while others remain landless.

2. Promote Equitable Distribution of Land

o To redistribute surplus land among landless farmers, especially

Scheduled Castes, Scheduled Tribes, and marginal farmers.
 3. Ensure Social Justice

o To reduce rural inequality and empower poor and landless

people by giving them ownership or access to land.

4. Enhance Agricultural Productivity

o By breaking up large inefficient landholdings and encouraging

owner-cultivation, the Act aimed to improve land use and
output.

5. Discourage Benami Transactions

o To prevent evasion of the law through fictitious transfers or

holding land in others’ names.

6. Implement the Directive Principles of State Policy

o To fulfill Article 39(b) & (c) of the Indian Constitution, which

promote equitable distribution of material resources and
prevent concentration of wealth.

11. Discuss the procedure for 'Correction of Records' of

revenue?

Procedure for Correction of Revenue Records

1. Initiation of Application (Section 33)

 Any person interested, such as the landowner, co-sharer, or lawful

possessor, may file an application for correction of records before
the Tehsildar (Assistant Collector).

 The application must mention the nature of the error (e.g., wrong
name, area, or crop type) and provide supporting documents.

2. Preliminary Scrutiny

 The Tehsildar checks the application to ensure it is in order and that

prima facie grounds for correction exist.

 In case of a minor clerical or typographical error, the correction may

be made summarily.

3. Notice to Interested Parties

 If the correction affects the rights or interests of any other person,

the Tehsildar issues a notice to them.

 The other party is given an opportunity to file objections and

present evidence.
4. Hearing and Inquiry

 A quasi-judicial hearing is conducted by the revenue authority.

 Both parties can submit documents such as sale deeds, inheritance

records, court decrees, or khasra/khatuni extracts.

 A spot inspection or site visit may be ordered by the Tehsildar or

Revenue Inspector.

5. Decision and Correction Order

 Based on the inquiry, the Tehsildar passes an order to:

o Accept the correction request,

o Partially accept it, or

o Reject it.

 If accepted, the land records (Khasra, Khatauni, or Khata number)

are updated accordingly.

6. Intimation and Record Update

 A copy of the correction order is sent to the Lekhpal (village revenue

officer) to update field records.

 The corrected entries are reflected in the next Jamabandi (record of

rights) and other land records.

Remedy Against Rejection or Dispute

If a party is dissatisfied with the decision:

 Appeal (Section 210, U.P. Revenue Code): Can be filed before the
Sub-Divisional Magistrate (SDM) within 30 days.

 Revision or Review: In cases of procedural or legal error, a revision

can be sought before higher revenue authorities or the Board of
Revenue.

 Civil Suit: In complex ownership disputes, parties may approach a

civil court for declaratory relief.

Common Grounds for Correction

 Wrong name due to clerical error.

 Incorrect land classification or area.

 Omission of legal heir after death of recorded tenure-holder.

 Non-updation after sale or mutation.

Here is a 10-mark answer on the concept of surplus land under Uttar
Pradesh laws, written in a concise and exam-friendly format:

Q. 12 Explain the concept of surplus land?[4 MARKS AS WELL]

Introduction:

The concept of surplus land in Uttar Pradesh arises from the

implementation of land ceiling laws aimed at preventing the
concentration of agricultural land in the hands of a few. These laws limit
the amount of land a person or family can legally hold and declare any
land above that limit as "surplus", to be redistributed to the landless.

Definition of Surplus Land:

Surplus land refers to agricultural land held in excess of the

“ceiling limit” prescribed by the law.
Once identified through legal proceedings, such land vests in the State
Government, which then allots it to eligible landless individuals.

Ceiling Limits:

 Originally set by the 1960 Act, but significantly amended in 1972

and 1973.

 Post-1973 amendment: A family of up to 5 members could hold a

maximum of 12.5 acres of irrigated land (more for unirrigated
or less fertile land, based on classification).

 Land held beyond this limit is deemed surplus.

Process of Declaration:

1. Filing of landholding statement by the tenure holder.

2. Determination of ceiling area applicable.

3. Notice and opportunity to object.

4. Declaration of surplus land by the Prescribed Authority under

Section 10.

5. Vesting of surplus land in the State under Section 14.

6. Distribution to landless agricultural workers or Scheduled

Castes/Scheduled Tribes.

Key Features:
  Non-compensable: Surplus land vests in the state without
compensation.

 Transfer Restriction: Transfers made after May 24, 1971, to evade

ceiling limits are ignored.

 Appeals and Revision: Available under the Act for aggrieved

landholders.

Conclusion:

Surplus land under U.P. land laws plays a crucial role in promoting land
reforms and ensuring social justice. By limiting land accumulation, the law
attempts to provide land to the landless and improve rural equity and
agricultural productivity.

13.Who can surrender his holding? What procedure is to be

adopted for surrender?

Who Can Surrender Their Holding (Land)-

Under the U.P. Revenue Code, 2006, specifically Section 193, a

bhumidhar, asami, or sirdar (i.e., a person lawfully holding agricultural
land) has the right to surrender their holding or a part of it to the State
Government or Gram Sabha, depending on the type of land.

Who Can Surrender the Holding:

1. Bhumidhar – A person with ownership rights (can surrender to the

State).

2. Sirdar or Asami – Persons with limited tenancy rights (can surrender

to the Gram Sabha).

3. Joint Holders – Can surrender only with the consent of all co-holders.

4. Minors or Legally Incompetent Persons – Cannot surrender without

permission of competent court or guardian.

Procedure for Surrender of Holding (Section 193, U.P. Revenue

Code, 2006):

1. Written Application

o The surrendering holder must submit a written application to

the Tehsildar or Assistant Collector.

o The application must specify the land details (Khata/Khasra

number, area, location) and reason for surrender.
 2. Verification and Inspection

o The Lekhpal or Revenue Inspector conducts a field verification

to ensure the land is in possession of the surrendering party
and is free from disputes.

3. Public Notice and Inquiry

o A public notice is issued in the village to inform other

interested parties (like co-sharers, heirs, etc.).

o If objections are filed, a hearing is conducted.

4. Order of Acceptance

o If the authority is satisfied, an order accepting the surrender is

passed.

o The surrender is effective from the date of order, not from the
date of application.

5. Entry in Revenue Records

o The land is recorded as vested in the State or Gram Sabha,

and the name of the surrendering person is removed from
Khatauni (land records).

6. Government Use or Redistribution

o The surrendered land may be used for public purposes or

reallocated to landless persons as per state policy.

Conditions/Limitations:

 The surrender must be voluntary, without coercion.

 Surrender of disputed land or land under mortgage/encumbrance

may be subject to scrutiny.

 No compensation is payable to the person surrendering the land

unless specified by law or policy.

14. Discus the ownership of land and other properties under the
U.P. Revenue Code, 2006?

Under the U.P. Revenue Code, 2006, ownership and rights over land and
other properties are clearly defined to consolidate land laws, promote
uniformity, and ensure proper revenue administration. This Code
recognizes various classes of landholders, their rights, liabilities, and the
manner of acquiring, using, and transferring land.
Ownership of Land under the U.P. Revenue Code, 2006

The Code classifies landholders primarily as:

1. Bhumidhar with Transferable Rights (Section 132)

 The highest category of landholder.

 Has ownership-like rights over land.

 Can transfer, mortgage, lease, or bequeath the land.

 Can bequeath land by will or transfer by sale/gift.

 Can be made a bhumidhar:

o By inheritance.

o By declaration under earlier land laws (like U.P. Zamindari

Abolition Act).

o Through state grants or consolidation proceedings.

2. Bhumidhar with Non-transferable Rights (Section 133)

 Holds land similar to bhumidhar but cannot transfer it except by

succession.

 Typically applies to land allotted to weaker sections, like Scheduled

Castes/Tribes.

 Ensures land is not lost to exploitation.

3. Asami (Section 135)

 A tenant or occupant of land who is not a bhumidhar.

 Holds land temporarily and has limited rights.

 Cannot transfer land but may be protected from eviction under

certain conditions.

 May acquire bhumidhari rights after continuous possession under

law.

4. Government Land (Section 92–94)

 Land not vested in any individual or body is owned by the State

Government.

 Includes wasteland, forest land, public utility land, and evacuated

properties.

 Managed by Revenue Officers and allotted for public or development

purposes.
5. Gram Sabha or Local Authority Land (Section 95)

 Includes land used for public purposes, like grazing fields, cremation
grounds, roads, etc.

 Vests in the Gram Sabha and is managed by local authorities.

 Cannot be sold or transferred without government approval.

6. Allotted Land (Section 97–98)

 Land allotted to landless persons, weaker sections, or for

rehabilitation.

 Ownership may initially be limited (non-transferable for a certain

period).

 May convert to bhumidhari rights over time with conditions.

Other Property Rights under the Code

 Trees and Wells (Section 141): Normally belong to the landholder

unless otherwise recorded.

 Minerals (Section 92): Continue to be owned by the State

Government.

 Common Property Resources: Managed by the Gram Sabha or State,

not owned by individuals.

15. What is Gram Panchayat? How is it constituted? Explain its

power and functions.

What is a Gram Panchayat?

A Gram Panchayat is the basic unit of local self-government in the rural

areas of India, established under the Panchayati Raj system. In Uttar
Pradesh, it functions under the provisions of the U.P. Panchayat Raj Act,
1947, and relevant rules. It is responsible for the administration of a
village or group of villages, handling civic and developmental functions at
the grassroots level.

Constitution of Gram Panchayat

1. Establishment:

o Every village or group of villages is designated as a Gram

Sabha, and for each Gram Sabha, a Gram Panchayat is
constituted.

2. Composition:
 o It consists of Pradhan (Head) and Panch (Members) elected by
the Gram Sabha (all adult residents of the village).

o The number of members depends on the population of the

village.

o Reservation of seats for Scheduled Castes, Scheduled Tribes,

Backward Classes, and Women is provided as per law.

3. Election:

o Members and the Pradhan are elected directly by the people

through regular elections held every 5 years.

o Conducted by the State Election Commission.

4. Tenure:

o The term of a Gram Panchayat is 5 years unless dissolved

earlier due to legal or administrative reasons.

Powers and Functions of Gram Panchayat

A. Civic and Administrative Functions:

1. Maintenance of roads, drainage, and sanitation.

2. Supply of safe drinking water.

3. Street lighting in the village.

4. Maintenance of village records and birth and death registers.

B. Developmental Functions:

1. Implementation of government schemes like MGNREGA, housing

schemes, health and nutrition programs.

2. Development of agriculture, animal husbandry, and rural industries.

3. Promotion of education and literacy.

C. Revenue Functions:

1. Collection of taxes, fees, and fines on property, water use, or

markets.

2. Management of Gram Panchayat funds and budget preparation.

D. Judicial Functions (Nyaya Panchayat – Separate Body):

 Although judicial matters are generally handled by Nyaya

Panchayats, Gram Panchayats may refer minor disputes for
resolution.
E. Regulatory Functions:

1. Prevention of encroachment on public land.

2. Regulation of markets, fairs, and community resources.

3. Control of social evils like child marriage, dowry, and bonded labor
(in coordination with police and administration).

20 MARKERS PYQs

1. Make a distinction between payment of Compensation and

Rehabilitation Grant? Describe in detail the criteria and
procedure for receiving these grants under the Act
concerned. [repeated]

Aspect Compensation Rehabilitation Grant

Financial aid or support

Monetary value paid to a person
provided to help the
Definition for land acquired by the
displaced person resettle
government.
and rebuild life.

To assist in resettlement,
To pay for the market value of land
Purpose relocation, and rehabilitation
and assets taken.
of the displaced person.

Based on rehabilitation
Basis of Determined based on land value,
needs, family size, and
Payment assets, crop value, etc.
livelihood loss.

Covered under Right to Fair Also covered under the

Compensation and Transparency same Act but dealt with
Legal
in Land Acquisition, Rehabilitation under the Rehabilitation and
Provision
and Resettlement Act, 2013 Resettlement (R&R)
(RFCTLARR Act). provisions.

Usually paid after

Timing of Paid at or before possession of
displacement or during the
Payment land.
rehabilitation process.

Eligibility Landowners, tenants, Affected families including

sharecroppers (with recognized landless laborers, artisans,
Aspect Compensation Rehabilitation Grant

rights).

etc., who lose livelihood.

Criteria and Procedure for Receiving These Grants under

RFCTLARR Act, 2013

1. Compensation:

Eligibility:

 Landowners

 Tenants and sharecroppers (with recognized rights)

 Persons with legal claim to the acquired property

Criteria:

 Based on market value of land.

 Solatium of 100% of market value.

 Compensation = (Market Value of Land + Assets) + Solatium.

Procedure:

1. Notification of intent to acquire land.

2. Social Impact Assessment (SIA) conducted.

3. Land valuation done by the Collector.

4. Award of compensation published.

5. Payment made before possession.

2. Rehabilitation Grant:

Eligibility:

 All affected families, including:

o Landless laborers

o Artisans
 o Tenants

o Families losing livelihood or residence

Criteria (as per Second Schedule of the Act):

 Rs. 5 lakh or employment (one member per family)

 Monthly subsistence allowance (Rs. 3,000 for 1 year)

 House site and house construction grant (Rs. 1.5 lakh)

 Transportation grant (Rs. 50,000)

 Training and skill development assistance

Procedure:

1. Identification of affected families.

2. Preparation of Rehabilitation & Resettlement (R&R) Scheme.

3. Public hearing and approval of R&R Scheme.

4. Implementation of the scheme by the government.

5. Grants disbursed as per the approved R&R plan.

2. What is the background of passing of U.P.Z.A. & L.R. Act,

1950, and how far it has been able to achieve its objects?

Background of the U.P. Zamindari Abolition and Land Reforms Act,

1950 (U.P.Z.A. & L.R. Act, 1950)

After independence, agrarian reform became a central focus of the Indian

government to address feudal land ownership patterns, rural inequality,
and exploitation of farmers. In Uttar Pradesh, the zamindari system had
created a class of absentee landlords (zamindars) who collected rent from
actual cultivators but did little to improve land productivity or rural
welfare.

The U.P.Z.A. & L.R. Act, 1950 was passed with the objective of:

 Abolishing the zamindari system,

  Providing land rights to actual tillers of the soil,

 Establishing a uniform land tenure system, and

 Promoting social and economic justice in rural areas.

The Act came into force on July 1, 1952, after overcoming legal challenges
related to the right to property under the Indian Constitution.

Objectives of the Act

1. Abolish intermediary interests (like zamindars, taluqdars, etc.).

2. Transfer land ownership to cultivators.

3. Regulate tenancy and ensure security of tenure.

4. Consolidate landholdings and promote efficient agriculture.

5. Create categories like Bhumidhar, Asami, and Sirdar to define land

rights.

6. Improve revenue administration and land record management.

Extent of Achievement of Its Objectives

Successes:

1. Zamindari abolition: Intermediaries were removed, and their rights

were extinguished.

2. Land to tillers: Millions of cultivators became Bhumidhars or legal

tenants.

3. Rural empowerment: Strengthened the economic and social position

of small farmers.

4. Reduction in exploitation: Curbed rent-seeking and absentee

landlordism.

5. Tenancy regulation: Provided better protection to tenants from

arbitrary eviction.

Limitations:

1. Incomplete land redistribution: Some landowners evaded reforms

through benami transfers or fragmentation.
 2. Ineffective ceiling laws: Ceiling on landholdings was poorly
implemented for years.

3. Poor land records: Outdated or inaccurate records hindered full

enforcement.

4. Litigation and disputes: Rise in land-related cases due to vague

definitions and loopholes.

5. Marginalized groups left out: Landless laborers, especially Dalits and

women, remained largely excluded.

3. What is the 'Land of Public Utility? How a person can be

ejected from this land who has an unauthorized occupancy
over this land? [repeated]

Land of Public Utility refers to land that is owned by the Gaon Sabha
(village council) or the State, and is meant for common use or public
purposes in a village. These lands are not for private ownership and are
reserved for activities or facilities that benefit the community as a whole.

Examples of Land of Public Utility:

o Grazing grounds (charagah)

o Village ponds (talabs)

o Pathways and roads

o Burial/cremation grounds

o Playground or community spaces

This land is protected under the U.P. Zamindari Abolition and Land
Reforms Act, 1950, and is considered Gram Sabha land.

Ejection of Unauthorized Occupant from Land of Public Utility

A person occupying such land without legal sanction is considered an

unauthorized occupant. The procedure for their ejection is governed under
Section 122-B of the U.P.Z.A. & L.R. Act, 1950.

Procedure for Ejection:

1. Detection: A report or complaint is made regarding illegal

possession of public utility land.

2. Notice: The Assistant Collector (Revenue Officer) issues a

notice to the unauthorized occupant, asking them to vacate
the land within a specified time (usually 15–30 days).
 3. Hearing: The occupant is given a chance to present their case
in a hearing.

4. Order of Ejectment: If the officer finds the possession illegal,

they pass an order for ejectment, and may also impose a
penalty or fine for unauthorized use.

5. Eviction: If the occupant does not vacate voluntarily, the

administration may forcibly remove them, using police help if
needed.

6. Restoration: The land is restored to the Gaon Sabha for public

use.

Punishment/Consequences:

o Fines and penalties for unauthorized use.

o Recovery of damages or rent for the period of illegal

possession.

o Criminal proceedings in case of repeated or willful

encroachment.

4. What do you know of Boundary Marks? Explain the full

procedure of the Settlement of Boundary Disputes

Boundary Marks

Boundary marks are physical signs or demarcations placed on land to

clearly define the limits of landholdings between different owners or
between private and public land. They help prevent disputes, maintain
accurate land records, and ensure clarity in ownership.

Types of Boundary Marks:

1. Permanent – Stone pillars, concrete posts, etc.

2. Temporary – Wooden posts, earth mounds, etc.

3. Natural – Trees, streams (used as reference in some cases)

Boundary marks are maintained under land revenue laws, such as the U.P.
Land Revenue Act, 1901, and fall under the responsibility of the landowner
and the Revenue Department.
Settlement of Boundary Disputes (Under U.P. Land Revenue Act,
1901)

Disputes about boundaries may arise between landholders, or between

landholders and public land. These disputes are resolved by Revenue
Authorities through a prescribed legal process.

Procedure for Settlement of Boundary Disputes:

1. Filing of Application (Section 41):

 Any person aggrieved by a boundary issue may file an

application before the Tehsildar (Assistant Collector).

2. Preliminary Inquiry:

 The Tehsildar examines records like the khasra (field

map), khatauni (record of rights), old maps, and
settlement records.

 Physical inspection and site visit are often conducted.

3. Notice to Parties:

 Notices are issued to both parties involved in the

dispute, requiring them to appear on a specific date with
relevant documents or witnesses.

4. Hearing and Evidence:

 Statements of both parties are recorded.

 Witnesses, if any, are examined.

 Maps and previous records are scrutinized.

5. Local Inspection (Demarcation):

 A Lekhpal or other field official may conduct a

demarcation on the spot.

 A report is submitted showing the actual position of

boundary marks.

6. Decision:

 Based on evidence and inspection, the Tehsildar passes

an order deciding the boundary.

 The order is recorded and boundary marks may be

corrected or re-established as per the decision.

7. Appeal:
  An appeal can be filed against the Tehsildar’s order to
the Sub-Divisional Officer (SDO) and further to the
Collector or Commissioner, if required.

Importance of Boundary Marking & Dispute Resolution:

o Prevents future land disputes

o Maintains accuracy in land records

o Helps in agricultural planning and construction

o Essential for fair land acquisition or sale

5.Who are the Revenue Officers? When they are called Revenue
Courts? Under U.P. Land Revenue Act, 1901 describe the powers
of a commissioner?

Who are the Revenue Officers?

Under the U.P. Land Revenue Act, 1901, Revenue Officers are government
officials empowered to carry out functions related to land revenue
administration, including maintenance of land records, assessment and
collection of land revenue, and resolving land-related disputes.

Hierarchy of Revenue Officers:

1. Board of Revenue (now functions mostly absorbed by other

authorities after its abolition in 2016)

2. Commissioner

3. Collector (District Magistrate)

4. Additional Collector

5. Sub-Divisional Officer (SDO)/Assistant Collector I Class

6. Tehsildar (Assistant Collector II Class)

7. Naib Tehsildar

8. Lekhpal (Village-level revenue official)

When are Revenue Officers called Revenue Courts?

Revenue Officers are referred to as Revenue Courts when they exercise

judicial powers under the U.P. Land Revenue Act, 1901 or other land laws.
For example:
 o When deciding boundary disputes

o Deciding cases of succession, mutation, or partition of

holdings

o Hearing appeals related to land records or land revenue

o Deciding tenancy rights or possession issues

This distinction is provided under Section 3(2) of the U.P. Land Revenue
Act, which states that certain Revenue Officers will function as courts
when performing judicial duties, and their decisions will have the force of
a court judgment.

Powers of a Commissioner under U.P. Land Revenue Act, 1901

A Commissioner is the head revenue officer of a division (group of

districts) and has both administrative and judicial powers.

Key Powers:

1. Supervision:

 Supervises the work of Collectors and other subordinate

revenue officers in the division.

 Ensures proper maintenance of land records and collection

of land revenue.

2. Appellate Authority:

 Hears appeals against orders passed by the Collector, SDO,

or other lower revenue courts.

 Can confirm, reverse, or modify their decisions.

3. Revision Powers (Section 219):

 Can call for records of any case decided by a subordinate

revenue court.

 May revise or alter the decision to prevent miscarriage of

justice.

4. Transfer of Cases:

 Has the authority to transfer revenue cases from one

officer to another within the division.

5. Disciplinary Supervision:

 Oversees the discipline and efficiency of revenue officers

under his control.
 6. Powers under Other Laws:

 May exercise powers under U.P. Zamindari Abolition Act,

Land Acquisition Act, and other agrarian laws as delegated.

6. What do you mean by 'Declaratory Suit'? Who can file it?

Introduction:

A declaratory suit is a legal remedy through which a person seeks a formal

declaration from a competent court regarding their legal status, right, or
title over a particular piece of property—especially agricultural land. In the
context of Uttar Pradesh, declaratory suits are governed primarily by
Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950.

Meaning of Declaratory Suit:

A declaratory suit is filed when a person’s right to hold or occupy land is

being disputed, denied, or interfered with, and they seek a court’s
declaration to recognize and establish that right formally.

Under U.P. revenue law, such suits are used to declare a person as:

 Bhumidhar – owner-like tenure holder, or

 Asami – a lessee or tenant with limited rights.

Relevant Provision – Section 229-B:

Section 229-B(1), U.P. Z.A. & L.R. Act, 1950:

“Any person claiming to be a bhumidhar or asami of a holding may sue for

a declaration of his rights as such, whether or not he is in possession
thereof.”

This provision gives a statutory right to an individual to file a declaratory

suit when their rights over agricultural land are challenged or denied.

Who Can File a Declaratory Suit?

A declaratory suit under Section 229-B can be filed by:

1. A person claiming to be a bhumidhar or asami, whose name is:

o Not recorded in revenue records, or

o Wrongly removed, or

o Disputed by someone else.

2. A co-tenure holder, whose rights are being denied.

3. Legal heirs claiming title through inheritance or succession.

 4. A person in possession or even without possession, if their legal
status is being questioned.

When Can It Be Filed?

 Denial of rights by another individual or authority.

 Dispute over succession or inheritance of agricultural land.

 Wrong mutation in revenue records.

 Fraudulent transfer or manipulation of land records.

Objective of the Suit:

 To get legal recognition of land rights.

 To ensure correct entries in revenue records (Khatauni).

 To prevent future disputes and unauthorized claims.

Jurisdiction:

 Filed before the Assistant Collector, First Class (usually the Sub-
Divisional Magistrate) who acts as a Revenue Court under the Act.

Procedure:

1. Filing of plaint with supporting documents.

2. Notice to all opposing parties or recorded tenure-holders.

3. Hearing and evidence presented by both sides.

4. Declaration granted if the court is satisfied with the claim.

5. Correction of revenue records if necessary.

Important Points:

 Possession is not mandatory—the suit is maintainable even without

actual possession.

 If possession is also disputed, a suit under Section 209 (for eviction)

may be filed along with or separately.

 The declaration helps in preventing future encroachments or denial

of rights.

Key Case Law:

  Ram Chandra v. Board of Revenue, U.P. – Court held that even if a
person is in possession, they can file a declaratory suit if their rights
are denied.

 Kundan v. Deputy Director of Consolidation (DDC) – Recognized the

declaratory suit as a valid remedy even after consolidation
operations are complete, if the right is still in dispute.

7. Describe the jurisdiction and procedure: of 'Revenue courts'

under U.P. Revenue Code, 2006?

The Uttar Pradesh Revenue Code, 2006, consolidated and replaced

multiple land and revenue laws including the U.P. Land Revenue Act, 1901
and the U.P. Zamindari Abolition and Land Reforms Act, 1950. It clearly
defines the jurisdiction, powers, and procedures of various Revenue
Courts for better land administration and dispute resolution in the state.

1. Revenue Courts under the Code:

As per Section 13 of the U.P. Revenue Code, 2006, the following officers
are designated as Revenue Courts:

Designation Revenue Court Class

Highest appellate and revisional

Board of Revenue
authority

Appellate authority at division

Commissioner
level

Same as Commissioner when

Additional Commissioner
authorized

Collector (District Magistrate) Supervisory and appellate role

Additional Collector Acts under authority of Collector

Assistant Collector (1st Class) – Trial court for most revenue

SDM disputes

Assistant Collector (2nd Class) – Limited jurisdiction (minor

Tehsildar matters)

2. Jurisdiction of Revenue Courts:

Revenue Courts deal with civil disputes relating to agricultural land,

tenancy rights, land records, boundaries, partition, succession, etc.
Types of Jurisdiction:

1. Original Jurisdiction – e.g., mutation, succession, partition

(SDM/Tehsildar).

2. Appellate Jurisdiction – hearing appeals from lower revenue courts

(Collector, Commissioner).

3. Revisional Jurisdiction – power to revise orders (Board of Revenue).

4. Supervisory Jurisdiction – general control over subordinate revenue

courts.

Examples of Matters Handled:

 Declaration of tenure-holder rights (Section 144).

 Partition of agricultural holdings (Section 116).

 Eviction of unauthorized occupants (Section 67).

 Succession disputes (Section 108).

 Correction of revenue records (Section 35).

3. Procedure of Revenue Courts:

The procedure is laid out in Chapter IV and Section 214–222 of the U.P.
Revenue Code, 2006.

A. Principles Followed:

 Based on principles of natural justice.

 Generally summary in nature, but courts can adopt CPC (Civil

Procedure Code) provisions where necessary.

B. Key Procedural Steps:

1. Filing of suit/application before appropriate Revenue Court.

2. Issue of summons/notices to parties involved.

3. Filing of written statements/objections by defendants.

4. Evidence and hearing – oral, documentary, and cross-examination.

5. Inspection or local inquiry – if required.

6. Decision and decree/order.

7. Appeals and revision – as per hierarchy.

4. Appeal and Revision:

  First Appeal: Lies to the Collector or Commissioner depending on the
case.

 Second Appeal: Lies to the Board of Revenue.

 Revision: Board of Revenue may call records from any lower court
and modify or cancel its order if it is illegal or improper.

. Exclusive Jurisdiction (Bar of Civil Courts):

As per Section 211, civil courts cannot entertain suits relating to matters
assigned to revenue courts, such as:

 Tenancy rights,

 Mutation,

 Partition of agricultural land,

 Eviction of illegal occupants, etc.

This ensures specialized handling of land matters and reduces civil court
burden.

6. Powers of Revenue Courts (Sec. 218):

 Power to summon witnesses, examine under oath.

 Power to enforce attendance and production of documents.

 Power to conduct spot inspections.

 Power to impose penalties for false statements or non-compliance.

8. Explain the division of holding under U.R Revenue Code

Rules 2016?

Introduction:

The U.P. Revenue Code, 2006 and the corresponding U.P. Revenue Code
Rules, 2016 lay down a systematic procedure for the division of holdings
(agricultural land) among co-tenure holders. The goal is to ensure fair
partition while maintaining agricultural utility and preventing land
fragmentation.

The relevant provisions are found in:

 Section 116 of the U.P. Revenue Code, 2006 (substantive law), and

 Rule 48–57 of the U.P. Revenue Code Rules, 2016 (procedural rules).

1. Meaning of Division of Holding:

“Division of holding” refers to the partition of agricultural land jointly held
by two or more co-tenure holders (e.g., co-bhumidhars), where each gets
a separate and exclusive share recorded in their name in revenue records.

This process applies when:

 All co-tenure holders consent to division, or

 One or more co-tenure holders seek division through legal

procedure.

2. Legal Provision: Section 116 (U.P. Revenue Code, 2006):

 Any co-bhumidhar or co-asami can apply for division.

 The application is filed before the Assistant Collector, 1st Class

(SDM).

 If division is feasible, the court may pass a decree to divide the

holding into separate shares.

 If not feasible (due to small size, irrigation issues, or physical

impracticability), division may be refused.

3. Procedure for Division – As per U.P. Revenue Code Rules, 2016:

A. Filing of Application (Rule 48):

 Application is made in Form 38.

 Must include:

o Details of the land,

o Names of co-tenure holders,

o Proposed mode of division.

B. Issue of Notice (Rule 49):

 Notice is issued to all co-tenure holders and interested parties.

 Published in the village and at Tehsil headquarters.

C. Hearing and Inquiry (Rule 50–51):

 Court conducts inquiry into:

o Rights of the parties,

o Possession,

o Physical feasibility of division.

  If any party objects, a formal hearing is conducted.

D. Mode of Division (Rule 52–53):

 Court ensures division is:

o Fair and proportional,

o Does not harm the utility of the land (e.g., irrigation channels,
wells).

 May leave some land as common utility land (e.g., passage or water
source).

E. Map and Report (Rule 54–55):

 Map prepared by Revenue Lekhpal with plot numbers.

 Report filed indicating boundaries and nature of land.

F. Final Order (Rule 56):

 Assistant Collector passes final order of division.

 Separate khata (record) prepared for each sharer.

4. Appeal and Revision:

 Appeal lies to the Collector under Section 215.

 Second appeal or revision lies to the Commissioner or Board of

Revenue under relevant provisions.

5. Restrictions on Division (Important):

 Division may be refused if:

o Land is too small for viable agriculture after division.

o Division would affect irrigation or water management.

o Land is mortgaged or under court dispute.

 Co-sharers cannot divide Gram Sabha land or land vested for public
utility.

6. Consequences of Division:

 Each sharer becomes independent bhumidhar.

 Can sell, gift, lease, or mortgage his share separately.

 Ends joint liability for revenue payment.

 9. Describe the order of succession of male bhumidar?

Introduction:

The succession of agricultural land in Uttar Pradesh is governed by the

Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950
(UPZALR Act). Section 171 of this Act lays down the rules of intestate
succession—i.e., when a bhumidhar (tenure holder) dies without
making a will. This section provides a distinct order of succession that
differs from the Hindu Succession Act, 1956, and applies irrespective of
religion.

This answer focuses on the order of succession specifically among male

heirs of a deceased male bhumidhar.

Meaning of Bhumidhar:

A bhumidhar is a tenure-holder with heritable rights over agricultural

land. Upon his death, his rights pass to heirs according to the order
prescribed by the law.

Legal Framework:

 Applicable Law: U.P. Zamindari Abolition and Land Reforms Act, 1950

 Relevant Section: Section 171 – Order of Succession

 Nature of Succession: Intestate (no will), agricultural land only

Order of Succession Among Male Heirs:

When a male bhumidhar dies intestate, the land devolves in the

following order:

1. Male Lineal Descendants in the Male Line of Descent

o Sons

o Son’s sons (grandsons)

o Son’s son’s sons (great-grandsons), and so on

These have the highest priority.

2. Widow (included for completeness; next after male descendants)

o If there are no male lineal descendants, the widow inherits.

 o A widow’s right is limited and non-transferable (life interest).

3. Father

o If there is no male lineal descendant or widow, the father

inherits.

4. Paternal Grandfather

o In the absence of father, the grandfather in the male line

inherits.

5. Brother (Full Blood)

o If the above are not available, the full brother of the deceased
inherits.

o Followed by brother’s male lineal descendants (e.g.,

nephews).

6. Uncle (Father’s Brother)

o After brother’s line, paternal uncles are next in line.

7. Male Lineal Descendants of Uncles

o Such as first cousins and their sons.

Key Features:

 Primacy of Male Line: The Act gives preference to male descendants

in the male line only.

 Exclusion of Females (Initially): Female heirs, except widow, were

largely excluded, though this has evolved through amendments and
judicial interpretation.

 Agricultural Land Only: This rule applies exclusively to agricultural

holdings.

Case Law Reference:

 Smt. Banso v. State of U.P., AIR 1975 All 376: Reiterated the
precedence of male lineal descendants under Section 171.

 Ganga Datt v. State of U.P., clarified the application of the UPZALR

Act over personal laws in agricultural land cases.

Conclusion:
The U.P. Zamindari Abolition and Land Reforms Act provides a clear and
strict male-centric order of succession for bhumidhars. Male lineal
descendants in the male line are given top priority. This structure
reflects a traditional patriarchal approach to land inheritance, though
recent social and legal developments have prompted calls for more
inclusive reforms.

10. State the Land held by Bhumidhar liable to payment of

Land Revenue.

1. Introduction:

Under the U.P. Revenue Code, 2006, a Bhumidhar is a tenure-holder

who possesses ownership-like rights over agricultural land. However,
such land is still subject to the payment of land revenue to the State
unless exempted by law.

2. Who is a Bhumidhar?

As per Section 35 of the Code:

 A Bhumidhar with transferable rights is the highest category of

tenure-holder.

 Has full rights to possess, inherit, transfer, lease, or mortgage land.

3. Land Liable to Land Revenue (Section 56):

According to the Code, the following land held by a Bhumidhar is liable

to land revenue:

A. Agricultural Land Used for Cultivation:

 Land actually used for agricultural purposes.

 This includes lands used for:

o Crop cultivation,

o Horticulture,

o Orchards, etc.

B. Land Not Specifically Exempted:

 Unless the land is specifically exempt from assessment (e.g.,

government grants, religious institutions), it is liable to land
revenue.

C. Land Converted from Exempt to Revenue Land:

 If land that was previously exempt is now used for income-
generating activities or converted for other uses (like commercial
farming), it becomes liable.

D. Non-Agricultural Land Assessed Under the Code:

 In some cases, non-agricultural land held by a Bhumidhar may also

be assessed for land revenue under special notifications.

4. Exceptions (Section 57):

Certain land held by a Bhumidhar is not liable to land revenue, such as:

 Land exempted by government order,

 Land held by SC/ST under allotment schemes (for a fixed time),

 Land used for religious or charitable purposes.

5. Assessment and Collection:

 The Tehsildar or Collector assesses the land revenue.

 Rate is based on:

o Class of land,

o Area and productivity,

o Use of land (agricultural, residential, industrial).

6. Consequences of Non-payment:

 Recovery as arrears of land revenue under Section 79.

 May lead to attachment and auction of land.

 Continued default may result in eviction or forfeiture of rights.

11. Write short notes on the following:

(1) Review- Board's Power to review and alter its orders and
decrees.
(2) Preparation of New Record of rights
(3) Mutation proceedings.

1) Review – Board’s Power to Review and Alter its Orders and

Decrees:
Under the U.P. Revenue Code, 2006, particularly Section 228, the Board
of Revenue and other Revenue Courts have the power to review their
own orders or decrees. A review may be allowed when:

o There is discovery of new and important evidence,

o There is an error apparent on the face of the record, or

o There is any other sufficient reason.

The application for review must be made within the prescribed

limitation period and usually lies before the same authority that passed
the original order. The Board may also suo motu review its order to
correct errors or prevent miscarriage of justice. However, orders
already appealed or pending before a higher authority are generally
not eligible for review.

(2) Preparation of New Record of Rights:

The Record of Rights (RoR) is a vital document maintained for each

village, recording details of landholders, cultivators, land use, revenue
liabilities, and tenancy status. Under Chapter VI of the U.P. Revenue
Code, 2006, a new Record of Rights is prepared:

o After every land settlement, or

o When ordered by the State Government or Collector.

The preparation includes field-to-field verification, entry of landholder

names, classification of land, and other changes. A draft is published
for objections and, after disposal of objections, the final RoR is certified.
It serves as conclusive proof of possession unless disputed through a
proper legal process.

(3) Mutation Proceedings:

Mutation refers to the process of updating land records to reflect the

change in ownership or possession due to sale, inheritance, gift,
partition, or court decree. Under the U.P. Revenue Code, 2006 (Section
33):

o An application is made to the Tehsildar,

o Notice is issued to interested parties,

o Objections, if any, are heard, and

o An order for mutation is passed after verification.

Mutation does not confer title but is important for revenue and
administrative purposes, such as payment of land revenue,
 compensation, or government schemes. Disputes over mutation can be
contested before Revenue Courts, and appeals or revisions are allowed
under the Code.

12. Write short notes on the following:

(1) Penalty for cutting and removing trees illegally

(2) What do you mean by Revenue officer

(1) Penalty for Cutting and Removing Trees Illegally:

Under the U.P. Revenue Code, 2006 and allied forest and environmental
laws, cutting or removing trees from land without legal authority or
permission is prohibited and punishable. If any person illegally cuts or
removes trees standing on government land, Gaon Sabha land, or land
under forest or protected status, they may face the following penalties:

o Fine imposed by the Tehsildar or Sub-Divisional Officer,

o Recovery of the value of the trees cut or compensation for

loss,

o Eviction if the offender is an unauthorized occupant,

o Possible criminal proceedings under the Indian Forest Act,

1927 or the Environment Protection Act.

Such actions are taken to protect ecological balance and prevent

encroachments or deforestation.

(2) What do you mean by Revenue Officer?

A Revenue Officer is a government official empowered to carry out

revenue administration under the U.P. Revenue Code, 2006. Revenue
Officers are responsible for maintaining land records, collecting land
revenue, deciding disputes related to land and tenancy, conducting
mutations, partitions, and evictions.

The hierarchy of Revenue Officers includes:

o Board of Revenue

o Commissioner

o Collector (District Magistrate)

o Additional Collector
 o Sub-Divisional Officer (SDO)

o Tehsildar and Naib Tehsildar

These officers may also act as Revenue Courts when adjudicating land
disputes. Their powers and jurisdictions are defined in the Code and
vary according to their rank and designation.

13.Write short notes on the following:

(1) Maintenance of Map and Records
(2) Revision of Map and Records
(3) Settlement of Boundary disputes.

1) Maintenance of Map and Records:

Under the U.P. Revenue Code, 2006, the maintenance of village maps
and land records is a key responsibility of the Revenue Department.
This includes khasra (field book), khatauni (record of rights), and village
maps showing ownership, possession, and classification of land. The
Tehsildar and Lekhpal are responsible for:

o Regular updating of entries (e.g., ownership, crop details),

o Recording transfers through sale, inheritance, or mutation,

o Ensuring accuracy to avoid disputes.

Proper maintenance helps in land revenue collection, planning, and

resolving land disputes efficiently.

(2) Revision of Map and Records:

Revision of maps and records is done periodically or when ordered by

the government or revenue authorities. It involves:

o Re-survey and re-measurement of land,

o Correction of boundaries, classification, and ownership details,

o Preparation of updated record of rights (RoR) and maps.

This is usually carried out at the time of a land settlement, after major
changes in land use, or to correct inaccuracies. A draft is published,
objections are invited, and after verification, the revised records are
finalized and certified.

(3) Settlement of Boundary Disputes:

Boundary disputes between adjoining landholders or villages are
common in rural areas. Under Section 25 of the U.P. Revenue Code,
2006, the Assistant Collector (First Class) is empowered to settle such
disputes. The procedure involves:

o Filing of application by the aggrieved party,

o Notice and hearing of both sides,

o Site inspection and report by the Lekhpal or revenue

inspector,

o Use of existing maps, records, and physical features as

evidence.

o If boundaries remain unclear, the officer may fix boundaries

based on best evidence available. The decision is recorded in
the official records and is binding unless appealed.

14. State the General order of succession when a

Bhumidhar with transferable rights and a Bhumidhar with
non-transferable rights being dies.

General Order of Succession of a Bhumidhar (Section 108–110

of U.P. Revenue Code, 2006)

1. Bhumidhar with Transferable Rights (Section 108):

When a Bhumidhar with transferable rights dies intestate (without a

will), the land passes to heirs in the following order:

1. Male lineal descendants in the male line of descent (e.g., son,

grandson).

2. Widow.

3. Father.

4. Mother.

5. Daughter.

6. Brother (full or half-blood).

7. Sister.

8. Children of predeceased sons and daughters.

9. Other collateral heirs as per personal law.

 o If there are multiple heirs, the holding is divided equally.

o The Bhumidhar may also bequeath the land by will.

2. Bhumidhar with Non-Transferable Rights (Section 110):

Succession here is more restricted, and generally applies to land

allotted under government schemes (e.g., to SC/ST or landless
persons). Upon death:

1. Land passes only to heirs in the family, typically:

 Spouse, sons, unmarried daughters,

 Sometimes dependent relatives.

2. Transfer outside the family is not permitted without

permission.

3. The land cannot be sold or gifted, and if no eligible heir is

found, the land reverts to the State Government or Gaon
Sabha.

15. What is Special procedure for ejectment of a trespasser from

Gram Sabha Land? What are remedies against wrongful
ejectment?

Special Procedure for Ejectment of a Trespasser from Gram

Sabha Land

(Under the U.P. Revenue Code, 2006 and earlier laws like U.P.
Zamindari Abolition & Land Reforms Act, 1950)

Gram Sabha land is meant for public purposes such as pasture, ponds,
roads, and community facilities. If a person occupies such land
unauthorisedly, he is considered a trespasser, and a special procedure
is provided for his ejectment (removal).

Legal Provisions:

o Covered under Section 67 and 68 of the U.P. Revenue Code,

2006.

o Previously governed by Section 122-B of the U.P. Z.A. & L.R.

Act, 1950.

Special Procedure for Ejectment:

1. Detection and Report:

  The Lekhpal or Secretary of the Gram Panchayat reports
the encroachment to the Tehsildar or Assistant Collector
(First Class).

2. Notice to the Trespasser:

 A notice is issued to the unauthorized occupant, asking

him to show cause within a specified time (usually 15
days) why he should not be removed.

3. Inquiry and Hearing:

 The authority conducts a summary inquiry.

 Both sides are given a chance to be heard and to

present documents or witnesses.

4. Order of Ejectment:

 If the authority is satisfied that the person is a

trespasser, an ejectment order is passed.

 The person is directed to vacate the land within a

specified time.

5. Use of Force:

 If the person fails to vacate, the Tehsildar may use

police force to remove him.

6. Penalty and Recovery:

 The trespasser may be ordered to pay:

 Damages for unauthorized use,

 Cost of restoration, and

 Fine or penalty, if applicable.

Appeal and Revision:

o The person can file an appeal before the Sub-Divisional Officer

(SDO).

o Further revision can lie before the Commissioner or Board of

Revenue.

Remedy Against Wrongful Ejectment

If a person believes they have been wrongfully ejected (i.e., they had legal
or rightful possession), the remedies are:

1. Appeal (Section 210, U.P. Revenue Code, 2006)

  An appeal can be filed before the Collector or Commissioner
within 30 days from the date of the ejectment order.

2. Revision

 A revision petition may be filed to the Board of Revenue

under Section 219 if there is an error in law or procedure.

3. Civil Suit

 In certain cases, the aggrieved party can file a civil suit if

they claim legal ownership or possessory rights and the
revenue authority acted without jurisdiction.

4. Writ Petition (Constitutional Remedy)

 A writ petition under Article 226 of the Constitution can be

filed in the High Court for violation of fundamental or legal
rights, especially if natural justice is denied.

16. Discuss the salient features of .U.P. Zamindari Abolition and

Land Reforms Act, 1950 and explain each of them.

The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (UPZA
& LR Act) was a landmark legislation enacted to bring about agrarian
reforms in the state of Uttar Pradesh post-independence. The Act aimed to
abolish the feudal zamindari system and redistribute land for more
equitable agrarian relations.

Salient Features of the UPZA & LR Act, 1950

1. Abolition of Zamindari System

o The Act abolished the zamindari system, ending the rights of

intermediaries (zamindars, taluqdars, etc.) who collected rent
from cultivators.

o Ownership of land was transferred from intermediaries to the

actual tillers of the soil (peasants or tenants).

2. Vesting of Land in the State

o All estates vested in the State Government free from all

encumbrances.

o The government took over the responsibility of land

management and distribution.

3. Compensation to Zamindars
 o The ex-zamindars were to be compensated for the loss of their
estates.

o Compensation was determined based on the net income from

the estate over a certain period.

4. Recognition of Tenants’ Rights

o Tenants and sub-tenants who were previously cultivating the

land were recognized as “bhumidars” (landholders) or
“sirdars” (tenants with secure rights).

o This granted them permanent, heritable, and transferable

rights over the land.

5. Classification of Tenants

o The Act introduced three primary categories of tenants:

 Bhumidars: Full land ownership rights, similar to

freehold.

 Sirdars: Had limited rights, later allowed to become

bhumidars by paying a certain amount.

 Asamis: Temporary tenants with no long-term rights,

often on public or gram sabha lands.

6. Consolidation of Holdings

o Encouraged consolidation of fragmented holdings to improve

agricultural productivity and ease of management.

o Fragmentation due to inheritance was addressed by

redistributing contiguous plots to landholders.

7. Ceiling on Land Holdings

o The Act imposed limits on the maximum land a person or

family could hold.

o Surplus land above the ceiling was to be redistributed to the

landless and marginalized farmers.

8. Provisions for Landless and Scheduled Castes

o Surplus land and government-acquired lands were allocated to

landless agricultural laborers, particularly Scheduled Castes
and Scheduled Tribes.

o The goal was to promote social justice and reduce rural

inequality.
 9. Gram Sabha as a Landowner

o The Gram Sabha (village council) became the custodian of

certain categories of land (like pasture lands, community
forests, etc.).

o This decentralized land governance and ensured community

participation in resource management.

10. Prohibition of Benami Transactions

 The Act prohibited benami (proxy) land ownership, where a person

holds land in someone else’s name to evade land ceiling laws.

17. Describe procedure for determination of Surplus Land under

U.P. imposition of ceiling on Land Heldings Act, 1960.

The U.P. Imposition of Ceiling on Land Holdings Act, 1960 was enacted to
fix a maximum limit on agricultural land holdings and redistribute the
surplus land to landless and marginalized farmers. The procedure for
determination of surplus land under this Act is systematic and involves
administrative as well as quasi-judicial steps.

Procedure for Determination of Surplus Land

1. Collection of Land Data

o The Sub-Divisional Officer (SDO) or Prescribed Authority

collects land records from the revenue department to identify
landholders.

o The land held by a tenure-holder and his family unit is

assessed as of the “appointed date” (usually January 24,
1971, as per the 1972 amendment).

2. Issue of Notice (Section 10)

o The Prescribed Authority issues a notice to the tenure-holder

under Section 10(2), requiring them to submit a statement of
land holdings in a prescribed form within 30 days.

o This includes details like type of land, irrigation facilities,

family members, and land transfers (if any).

3. Filing of Objections
 o After examining the statement, the authority publishes a draft
statement of the land to be declared surplus.

o The tenure-holder may file objections to the draft statement

within a stipulated time (usually 15-30 days).

4. Inquiry and Hearing (Section 12)

o A quasi-judicial inquiry is conducted where the landholder and

interested parties are heard.

o The authority considers evidence such as land records, family

details, irrigation status, and transfers.

5. Final Order and Declaration (Section 11 & 12)

o After hearing objections, the Prescribed Authority issues a final

order under Section 11, declaring the surplus land.

o A final statement is published specifying the surplus land that

vests in the State.

6. Vesting of Surplus Land (Section 14)

o The surplus land vests in the State Government free of all

encumbrances.

o The State can then redistribute this land to eligible persons

like landless laborers, Scheduled Castes, and Scheduled
Tribes.

7. Appeal and Revision (Section 13 & 38)

o The aggrieved party may file an appeal to the District Judge or

a higher authority within 30 days.

o The State Government also has revisional powers under

Section 38 to correct any error in the order passed.

Key Considerations During the Process:

 Exemptions: Certain categories of land (e.g., orchards, sugarcane

farms, religious institutions’ lands) may be exempted.

 Family Unit: Land ceiling is calculated per family unit, which includes
husband, wife, and minor children.

 Irrigation Status: Land classification (e.g., irrigated or unirrigated)

affects ceiling limits.

 Benami Transactions: Any benami (proxy) transfers after the cutoff

date are ignored and added to the declarant’s holding.
18. Describe the 'mutation' proceedings under the U.P. Land
Revenue Act.
Discuss also the provisions regarding any illegal mutation
proceeding?

Mutation Proceedings under the U.P. Land Revenue Act

Mutation refers to the process of updating the land revenue records to

reflect a change in ownership or possession due to inheritance, sale,
gift, partition, or any other lawful transfer. Mutation does not confer
ownership but is essential for record-keeping and payment of land
revenue.

Under the U.P. Revenue Code, 2006 (which replaces the earlier U.P.
Land Revenue Act, 1901), mutation proceedings are dealt with under
Section 34.

Procedure for Mutation under U.P. Revenue Code, 2006

(Section 34)

1. Initiation of Application

 A person acquiring any interest in land (through sale, inheritance,

gift, court decree, etc.) must file a mutation application before the
Tehsildar.

 The application must include:

o Details of the land (Khata/Khasra number)

o Nature of transaction

o Documentary evidence (e.g., sale deed, will, court order)

2. Entry in the Mutation Register

 The Tehsildar/Lekhpal makes a preliminary entry in the mutation

register and initiates inquiry.

3. Notice to Interested Parties

 A notice is served to all interested or affected persons, such as co-

sharers or heirs.

 Notice is published in the village and given time for objections

(usually 15–30 days).

4. Hearing and Inquiry

 If no objections are received, the mutation may be approved
summarily.

 If objections are filed, a quasi-judicial inquiry is conducted, allowing

both parties to submit evidence.

 The Tehsildar may order a field inspection through the Lekhpal or

Revenue Inspector.

5. Final Order

 The Tehsildar passes an order accepting, modifying, or rejecting the

mutation request.

 The mutation entry is finalized and reflected in the Khatauni (record

of rights).

Effect of Mutation

 Mutation is primarily for revenue purposes (i.e., to identify who pays

land revenue).

 It does not by itself confer ownership; ownership is decided by

substantive law (e.g., Transfer of Property Act, Hindu Succession
Act).

Illegal Mutation Proceedings

Illegal mutations may occur due to fraud, forgery, misrepresentation, or

suppression of facts. The U.P. Revenue Code provides remedies:

1. Cancellation of Illegal Mutation (Section 35)

 If a mutation is obtained fraudulently or illegally, it can be cancelled

by the Tehsildar or higher authority on:

o Complaint by aggrieved party

o Own motion (suo motu)

2. Appeal and Revision

 An aggrieved person may file an appeal to the Sub-Divisional

Magistrate (SDM) under Section 210 within 30 days.

 Revision may be filed before the Commissioner or Board of Revenue

under Section 219.

3. Civil Court Remedy

 In case of serious disputes over title or ownership, a person may file

a civil suit seeking declaration and cancellation of mutation.
4. Penal Action

 In cases of fraud or forgery, criminal proceedings may be initiated

under the Indian Penal Code (e.g., Sections 420, 468, 471).

19. Discuss the consequences of vesting of estates in the

state. Which rights were left with the intermediaries
themselves?

Consequences of Vesting of Estates in the State

(Under the U.P. Zamindari Abolition and Land Reforms Act, 1950)

The abolition of zamindari system marked a major agrarian reform in

Uttar Pradesh. With the enforcement of the U.P. Zamindari Abolition
and Land Reforms Act, 1950, all estates (zamindari rights) were vested
in the State Government. This ended the rights of intermediaries
(zamindars, taluqdars, etc.) over land and transferred ownership to the
actual cultivators.

Key Consequences of Vesting of Estates in the State:

1. Abolition of Intermediaries (Zamindars):

o All rights, title, and interest of zamindars and other

intermediaries in the land were extinguished.

o Intermediaries ceased to be owners of the land.

2. Land Vested in the State Government (Section 4):

o All estates stood transferred and vested in the State of U.P.

free from all encumbrances.

3. Tenants Became Bhumidars or Asamis:

o Actual cultivators (e.g., tenants, sub-tenants) were given

proprietary rights as:

 Bhumidars – with full ownership rights.

 Sirdars or Asamis – with limited or occupancy rights

(later could become bhumidhars).

4. End of Revenue Collection Rights:

o Intermediaries lost the right to collect land revenue, which

now became the duty of the State.

5. Resumption of Certain Lands by State:

 o Lands used for religious, charitable, or educational purposes
were protected, but other lands were resumed unless
specifically exempted.

6. Compensation to Intermediaries:

o A compensation formula was devised and intermediaries were

paid a fixed compensation for loss of their rights, though often
inadequate.

7. Public Purpose Use of Vested Land:

o Vested land could now be used by the State for redistribution

to landless, public utilities, or development projects.

Rights Retained by Intermediaries:

Despite abolition of their proprietary rights, intermediaries were

allowed to retain certain personal rights and lands:

1. Sir and Khudkasht Land (Personal Cultivation):

o Land that was in personal cultivation of the intermediary (Sir

or Khudkasht) was allowed to be retained.

o They became bhumidars of such lands.

2. Groves and Houses:

o Residential houses, orchards, wells, and buildings used for

personal purposes were generally allowed to be retained.

3. Non-Agricultural Properties:

o Ownership of non-agricultural properties like mansions or

buildings in town areas was unaffected.

4. Religious and Charitable Institutions:

o Intermediaries could retain land held by or for the benefit of

religious or charitable institutions in certain conditions.

5. Right to Compensation:

o Intermediaries were legally entitled to compensation for loss

of their zamindari rights as per the Act.
 5 MARKER
1.What is Fasli Year?

The Fasli year is an agricultural calendar year used in land revenue

administration in parts of India, including Uttar Pradesh.

 It begins on 1st July each year and ends on 30th June of the
following year.

 Introduced during the Mughal period and formalized by the British

for crop and revenue record-keeping.

 Used in maintaining Khasra, Khatauni, and other revenue

documents.

2. Define Fragment

A Fragment is a small, isolated piece of agricultural land which is:

 Below the standard area prescribed under the U.P. Consolidation of

Holdings Act, 1953.

 Uneconomic for cultivation on its own.

 Cannot be sold, transferred, or partitioned independently, except in

certain cases (like to an adjoining landholder), to prevent further
land fragmentation.

3. What is a Land Management Committee?

A Land Management Committee (LMC) is a body constituted under the U.P.

Panchayat Raj Act and functions under the Gram Panchayat to manage
village land vested in the Gram Sabha.

Key features:

 Composed of elected members of the Gram Panchayat and headed

by the Pradhan.

 Manages Gram Sabha land, including leasing, preventing

encroachments, and reporting land misuse.

 Plays a role in distribution of land to landless persons, plantation,

and public land conservation.

4. What is Khewat?

A Khewat is a land revenue record or register that:

  Lists all co-sharers (tenure-holders or bhumidhars) of a particular
revenue estate.

 Each Khewat contains Khata (account) numbers, names of holders,

their shares, and total area of land owned.

 Used for determining title, revenue liability, and mutation.

 Essential for land transactions and partition cases.

5.What is an ‘Annual Register’?

The Annual Register is an important land revenue record prepared every

year under the U.P. Land Revenue Act (or now under the U.P. Revenue
Code, 2006).

It contains updated information about:

o Names of tenure-holders (like bhumidhars or asamis),

o Details of land held (khasra numbers, area, class),

o Crop grown and revenue payable,

o Changes due to mutation, partition, or succession.

It serves as an official record of rights and helps in revenue collection and

dispute resolution.

6. Who is a ‘Permanent Tenure-holder’?

A Permanent Tenure-holder is a person who:

o Held land from a zamindar under a permanent lease or tenure

before the abolition of zamindari (under the U.P. Zamindari
Abolition and Land Reforms Act, 1950).

o Paid fixed rent and had heritable and transferable rights, but
not full ownership.

o After zamindari abolition, such tenure-holders were usually

declared as bhumidars with full ownership rights.

7. Rights of an Adivasi (Adiwasi)

An Adivasi (or Adiwasi) under the U.P. Zamindari Abolition Act referred to a
person who:
 o Was in actual possession of agricultural land on June 30, 1952
(immediately before zamindari abolition),

o But had no legal title under earlier laws.

Rights:

o Recognized as a non-occupancy tenant or asami under the

Act.

o Could be protected from eviction.

o With continuous possession and conditions met, could later

acquire bhumidhari rights.

o Could cultivate land and had limited rights of inheritance.

8. Define ‘Evacuee Property’

Evacuee Property refers to:

o Land or property left behind by persons who migrated to

Pakistan during the Partition of India (1947).

o Declared as evacuee property under the Administration of

Evacuee Property Act, 1950.

o Vested in the Custodian of Evacuee Property, and later

managed or allotted by the government for rehabilitation or
public use.

9. What is ‘Khudkasht’ Land?

Khudkasht refers to:

o Land that was personally cultivated by an intermediary

(zamindar) before the abolition of zamindari.

o Such land was not leased out to tenants but used for self-
cultivation.

o After zamindari abolition, the holder of khudkasht land was

given bhumidhari rights and continued as the owner cultivator.

10. Define Abadi (U.P. Revenue Code, 2006)

Abadi refers to the residential area or inhabited part of a village.

 It includes houses, huts, streets, lanes, and open spaces used for
living purposes within the village.

 Governed by rules for construction, mutation, and land use.

  Land in abadi area is generally non-agricultural in nature and is not
subject to agricultural tenancy laws.

11. What do you mean by Family under U.P. Revenue Code, 2006?

Under Section 5(11) of the U.P. Revenue Code, 2006, Family includes:

 The holder of land, their spouse, and

 Their minor children, unmarried daughters, and

 Any other dependent member of the family as declared.

Importance:

 The definition of family is crucial for land ceiling laws, allotment of

land, and determination of surplus land holdings.

12. Define Revenue Court (U.P. Revenue Code)

A Revenue Court is a judicial authority established under the U.P. Revenue

Code, 2006 to deal with land and tenancy-related disputes.

 Includes Tehsildar, Sub-Divisional Officer (SDO), Additional Collector,

Commissioner, and Board of Revenue.

 It has jurisdiction over matters like mutation, partition, eviction,

tenancy, boundary disputes, etc.

 Distinct from civil and criminal courts.

13. Define Taungya Plantation

Taungya Plantation is a method of agro-forestry, where:

 Forest land is allotted temporarily to cultivators (Taungya

cultivators),

 They grow agricultural crops along with planting forest species,

 After forest trees grow, the cultivators vacate the land.

Purpose: Reforestation and providing temporary livelihood to landless

persons.

14. What do you mean by ‘Intermediary’?

An Intermediary refers to a person who held land between the State and
the cultivator before zamindari abolition.

 Includes zamindars, taluqdars, jagirdars, and other landlords who

collected rent from tenants.
  Under the U.P. Zamindari Abolition and Land Reforms Act, 1950,
intermediaries were abolished, and land vested in the State.

 Cultivators were given direct rights as bhumidhars or sirdars.

15. What is Grove Land?

Grove Land (Bagicha) refers to:

 Land covered by fruit trees or orchard plantations such as mango,

guava, etc.

 Cultivated mainly for horticultural purposes, not regular crops.

 Recognized in revenue records separately from agricultural land.

 Rights over grove land depend on continuous use and entries in

revenue records.

16.Who is a Fixed-Rate Tenant?

A Fixed-Rate Tenant is a category of tenant recognized under the U.P.

Zamindari Abolition and Land Reforms Act, 1950 who:

 Held land at a fixed rent determined by the government, not by

agreement with the landlord.

 Had heritable and transferable rights, similar to a proprietary

interest.

 Such tenants were generally exempted from ejectment except

under special legal grounds.

 After zamindari abolition, fixed-rate tenants were often declared

bhumidars with transferable rights.

17. Can a Disabled Person Lease His Holding? State Grounds.

Yes, a disabled person (such as one who is blind, insane, or physically

incapacitated) can lease out his holding under the U.P. Revenue Code,
2006, provided:

 The lease is necessary due to the person’s disability or incapacity to

cultivate.

 Permission is generally required from the Sub-Divisional Officer

(SDO).

 The lease must be for a limited period, and conditions ensure the
rights of the bhumidhar are preserved.

18.Define ‘Irrigated Land’

Irrigated Land refers to land that receives assured water supply for
cultivation through any of the following means:

 Canals, tubewells, tanks, wells, or government irrigation systems.

 Recognized in revenue records (Khasra/Khatauni) as irrigated.

 Such land is usually more fertile and productive, and is subject to

higher land revenue or different rules under the Ceiling Act or
consolidation schemes.

19.What is a Fragment?

A Fragment is a small and scattered piece of agricultural land that is:

 Below the standard area prescribed under the U.P. Consolidation of

Holdings Act, 1953,

 Not economical to cultivate independently,

 Cannot be transferred or partitioned separately except in specific

legal conditions,

to prevent further subdivision of landholdings and promote agricultural

efficiency.

20. What is a Land Management Committee?

A Land Management Committee (LMC) is a body formed under the U.P.

Panchayat Raj Act that functions under the Gram Sabha.

 It manages village land vested in the Gram Sabha, including

grazing land, ponds, and public utility land.

 Prevents encroachments, leases land, and oversees plantation or

developmental activities.

 Headed by the Pradhan, with members from the Gram Panchayat,

and monitored by revenue authorities.

21. What is Revenue?

Revenue refers to the government income derived from land and its
produce, mainly in the form of:

 Land revenue (lagaan) collected from landholders or cultivators,

 Taxes, fees, cesses, or other charges levied on land, property, or

agricultural output.

22. Define Legal Representative?

A Legal Representative is defined under Section 2(11) of the Code of Civil
Procedure, 1908 as:

“A person who in law represents the estate of a deceased person, and

includes any person who intermeddles with the estate of the deceased.”

Key Points:

 Includes heirs, executors, or administrators of the deceased.

 Can file or defend a suit or legal proceeding on behalf of the

deceased.

 Is liable to the extent of the property inherited from the deceased

for any legal claims.

23. Define the Term Estate:

Under the U.P. Zamindari Abolition and Land Reforms Act, 1950, the term
“Estate” is defined in Section 3(2) as:

“Land held by an intermediary and includes groves, trees, wells, tanks,

ponds, and buildings (except those used mainly for residential or industrial
purposes) situated on such land.”

Key Points:

 It refers to all land and interests held by a zamindar or landlord

(intermediary) before abolition.

 After abolition, all such estates vested in the State Government.

 It includes agricultural land and associated immovable property

used for cultivation or support of landholding.
UNIT 1gaon sabha

Division and Constitution of Uttar Pradesh into Revenue Areas

Legal Basis:
• Defined under the U.P. Revenue Code, 2006.

Revenue Areas in U.P.:

The State of Uttar Pradesh is divided into different revenue areas for
administration:
1. Division
• Headed by a Commissioner.
2. District
• Headed by a Collector (District Magistrate).
3. Tehsil (Sub-District)
• Headed by a Sub-Divisional Magistrate (SDM) or Tehsildar.
4. Revenue Circle
• Supervised by a Naib Tehsildar.
5. Village
• Supervised by a Lekhpal.

Powers and Functions of Revenue Officers

1. Board of Revenue (Revenue Board)

Composition:
• Principal revenue authority at the state level.

Powers and Functions:

• Highest appellate authority in revenue matters.
• Supervises and controls all revenue officers.
• Decides disputes related to land revenue, land records, and tenancy.
• Frames rules and regulations for land revenue administration.
• Advises the State Government on revenue policies.

2. Commissioner

Role:
• Heads a Division (group of districts).

Powers and Functions:

• Supervises Collectors and revenue work in the division.
• Acts as an appellate authority in certain revenue cases.
• Inspects districts, tehsils, and revenue offices.
• Monitors land reforms, land acquisition, and land revenue collection.
• Reports to the State Government.

3. Collector (District Magistrate)

Role:
• Chief officer of a District for both revenue and general administration.

Powers and Functions:

• Collection of land revenue and other government dues.
• Custodian of public land (government land).
• Supervises Tehsildars, Naib-Tehsildars, and Lekhpal.
• Conducts revenue settlement, land records updating, and disaster relief.
• Handles land acquisition for public purposes.
• Performs quasi-judicial functions (settling land disputes).

4. Additional Collector

Role:
• Assists the Collector; acts as a substitute when the Collector is busy or
unavailable.

Powers and Functions:

• Handles specific revenue and administrative duties as assigned.
• Decides appeals and revisions in revenue cases at the district level.
• May act as settlement officer for land records.
• Ensures the smooth operation of revenue courts.

5. Tehsildar (Sub-Divisional Magistrate for Revenue)

Role:
• Officer-in-charge of a Tehsil.

Powers and Functions:

• Main authority for revenue collection at tehsil level.
• Conducts mutation, partition of land, and land measurement cases.
• Maintains and updates land records (Khasra, Khatauni).
• Resolves minor land disputes.
• Supervises Naib Tehsildars and Lekhpal.
6. Lekhpal

Role:
• Grass-root revenue officer posted at village level.

Powers and Functions:

• Maintains land records and updates crop statistics.
• Assists in revenue collection and mutation of land records.
• Reports cases of encroachment on government land.
• Helps during relief operations (like flood or drought relief).
• Acts as a link between the villagers and the revenue department.

Revision diagram
Revenue Board
↓
Commissioner (Division Level)
↓
Collector / DM (District Level)
↓
Additional Collector (Assist Collector)
↓
Tehsildar (Tehsil Level)
↓
Naib-Tehsildar (Circle Level)
↓
Lekhpal (Village Level)

UNIT 10

Power of Review

Meaning:
• The Power of Review means the authority of a court or a legal authority
to reconsider, revise, or modify its own judgment, order, or decision.
• It is like giving the court a second chance to correct its mistake if any.

Legal Basis:
• Provided under Article 137 of the Constitution of India:
“The Supreme Court shall have power to review any judgment pronounced
or order made by it.”
• Similarly, Civil Procedure Code, 1908 under Section 114 and Order 47
allows civil courts to review their judgments.
When Review is Allowed:
1. Discovery of new evidence which was not available earlier.
2. Mistake or error apparent on the face of the record.
3. Any other sufficient reason (in the interest of justice).

Who Can Exercise Power of Review?

• Supreme Court of India (under Article 137).
• High Courts (under their inherent powers and Section 114 CPC).
• Subordinate Civil Courts (under Section 114 CPC).
• Revenue Officers in certain cases under Revenue Codes.

Limitations:
• Review is not an appeal — it is limited to correction of errors, not
complete rehearing.
• Cannot be used just because the party is unhappy with the decision.
• Time limit applies: Usually review must be filed within a prescribed
period (30 days in many cases).

Importance of Power of Review:

• Prevents miscarriage of justice.
• Maintains public trust in the judiciary.
• Ensures that errors can be corrected by the same court.
• Reflects flexibility in the legal system.

Feature Detail
Meaning Reconsideration of own decision
Constitutional Basis Article 137 (Supreme Court)
CPC Basis Section 114, Order 47
Grounds New evidence, error apparent, sufficient cause
Limitation Not a fresh hearing, time-bound
Importance Justice, error correction, faith in judiciary

UNIT 9

Revenue Courts – Jurisdiction and Procedure

Meaning of Revenue Courts:

• Revenue Courts are specialized courts that deal with revenue matters
like land revenue, tenancy rights, mutation, partition of agricultural land,
land disputes, etc.
• They do not handle civil or criminal cases.

⸻
Jurisdiction of Revenue Courts

Types of Jurisdiction:

Type Meaning
Subject Matter Jurisdiction Revenue Courts handle only specific cases like
land records, tenancy, and agricultural land disputes.
Territorial Jurisdiction Every Revenue Court can hear cases within its
assigned area (district, tehsil, village, etc.).
Pecuniary Jurisdiction Some revenue cases may be divided according to
the value involved.

Examples of Revenue Matters:

• Mutation (change of ownership in records after death/sale).
• Partition of agricultural land.
• Ejectment of illegal occupants.
• Assessment and collection of land revenue.
• Correction of land records.

Important Note:
• Under the U.P. Revenue Code, 2006, revenue matters can only be
decided by Revenue Courts, not by Civil Courts (Section 210).

Procedure of Revenue Courts

• Revenue courts follow a procedure similar to civil procedure but are
generally simplified to ensure quick disposal.
• Important stages:
1. Filing of plaint or application.
2. Notice to defendant/respondent.
3. Hearing of evidence and arguments.
4. Inspection of land (if needed).
5. Decision with written reasons.
6. Possibility of Appeal/Revision.
• Some matters may be decided summarily (especially mutation cases).

First Appeal (Revenue Courts)

Meaning:
• If a party is aggrieved by a decision of a Revenue Court, it can file a First
Appeal before a higher Revenue authority.

Where first appeal lies

Original Authority Appellate Authority

Assistant Collector (Tehsildar/SDM) Collector (District Magistrate)
Collector (District Magistrate) Commissioner
Commissioner Board of Revenue

Time Limit for First Appeal:

• Usually 30 days (depending on the specific rule).

Second Appeal (Revenue Courts)

Meaning:
• After the first appeal, if still aggrieved, a Second Appeal can be filed only
on important legal grounds (not merely factual disputes).

Where Second Appeal Lies:

First Appellate Authority Second Appellate Authority

Collector Commissioner
Commissioner Board of Revenue

Important Points:
• Second appeal is allowed only on substantial questions of law.
• Limited scope compared to First Appeal.

Powers of Board of Revenue

Power Details
Appellate Power Hears first or second appeals from lower revenue courts.
Revisional Power Can call for records of any subordinate revenue court
and correct errors.
Supervisory Power Supervises functioning of all revenue officers and
courts.
Reference Power Lower officers can refer complicated questions to the
Board.
Rule-Making Power Frame rules and procedures for Revenue Courts under
Revenue Codes.

UNIT 8

Land Revenue

Meaning:
• Land Revenue is a tax collected by the government from landowners for
the use of agricultural or non-agricultural land.
• It is a major source of income for the State Government.

1. Liability to Pay Land Revenue

Who is Liable? Details

Landholder Owner or occupier of land is liable to pay.
Tenant Sometimes liable if provided under law or agreement.
Government Lessee If land is leased by the government, lessee is liable.
Successor/Transferee If land is sold or inherited, the new owner must pay.

Key Point:
• Liability is attached to the land itself, not just the individual.
• Non-payment can result in penalties or even auction of land.

2. Land Revenue as First Charge on Land

Meaning:
• First Charge means priority of dues.
• Land Revenue dues are paid first, even before private debts, mortgage,
or other claims.

Legal Provision:
• Under Section 44 of the U.P. Revenue Code, 2006, land revenue is
declared a first charge on the land and its produce.

Importance:
• Protects government revenue.
• Ensures that the State’s financial interest is secured above private
interests.

Example:
• If a farmer owes both land revenue and a private bank loan, the
government’s claim of land revenue will be settled before the bank’s loan.

3. Process of Collection of Land Revenue

Step-by-Step Collection Process:

1. Demand Notice Issued:
• Revenue officer issues a notice to the landholder mentioning the amount
and due date.
2. Voluntary Payment:
• Landholder can pay the revenue at the Tehsil office or designated
collection centers.
3. Recovery Process (if not paid voluntarily):
• If the landholder does not pay within the time, coercive steps are taken.
4. Modes of Recovery:
• Attachment of land or movable property.
• Arrest and detention (rare, and only in special cases).
• Auction/sale of land or property to recover dues.
• Deduction from government payments due to the landholder (e.g.,
subsidies).
5. Distribution of Sale Proceeds:
• Government takes its dues first (because of the first charge).
• Balance (if any) is given to the landholder or his creditors.

Authorities Involved in Collection:

Authority Role
Tehsildar Main officer for issuing notices, accepting payments, and
initiating recovery.
Naib Tehsildar Assists Tehsildar in ground-level collection.
Collector (DM) Supervises the entire process at the district level.
Revenue Inspector Assists in village-level assessments and collections.

UNIT 7

Under Uttar Pradesh (UP) land laws, the terms Abandonment, Surrender,
Ejectment, Declaratory Suit, and Rent have specific legal meanings and
implications, particularly in the context of agricultural land and tenancy
rights. Here’s a concise explanation of each:
⸻

1. Abandonment
• Under U.P. Zamindari Abolition and Land Reforms Act, 1950 (UPZALR
Act):
• When a tenure-holder (e.g., bhumidhar or asami) leaves the land
without any intention to return, it may be considered abandonment.
• Abandonment can lead to vesting of land in the State, especially in
cases involving asamis (temporary tenants).
• Must be voluntary and without coercion.

2. Surrender
• A voluntary relinquishment of possession and rights in favor of the State
or landholder (if permitted by law).
• Asamis and other non-bhumidhars can surrender their rights under
Section 195 UPZALR Rules.
• Must be in writing and accepted by the competent authority.

3. Ejectment
• Legal process by which a person is removed from possession of land.
• Under UP laws:
• An asami may be ejected for reasons such as non-payment of rent,
unauthorized use, or expiry of lease.
• Relevant sections: Section 202–206 UPZALR Act.
• Requires following due process of law—often initiated by filing an
ejectment application before the Tehsildar.

4. Declaratory Suit
• A civil suit filed under Section 34 of the Specific Relief Act, 1963.
• In UP land context, used to declare rights over land, such as:
• Right to cultivate
• Title as bhumidhar or asami
• Often filed when tenure or ownership is in dispute.
• Jurisdiction usually lies with the civil court or revenue court depending
on the nature of the dispute.
⸻

5. Rent
• Governed by the UPZALR Act and Tenancy Acts.
• Refers to the amount payable by a tenant (asami) to the landholder or
government.
• Non-payment of rent can lead to ejectment.
• The rate of rent and manner of payment are regulated, especially for
government leaseholds or nazul land.

UNIT 6

Under Uttar Pradesh land laws, particularly the U.P. Zamindari Abolition
and Land Reforms Act, 1950 (UPZALR Act), Devolution, Order of
Succession, and Survivorship refer to how rights in agricultural land pass
on after the death of a tenure-holder (like a bhumidhar or asami).

1. Devolution
• “Devolution” means transfer of rights in land upon the death of a tenure-
holder.
• Rights devolve either by:
• Testamentary succession (through a valid will), or
• Non-testamentary succession (i.e., intestate, according to law).

2. Order of Succession (Under Section 171, UPZALR Act)

If the tenure-holder dies intestate (without a will), the order of succession

is as follows:

(A) Male Tenure-Holder:

1. Widow
2. Sons
3. Daughters
4. Father
5. Mother
6. Brother
7. Sister
8. Son’s son, son’s daughter
9. Daughter’s son, daughter’s daughter
10. Other heirs as per Schedule

(B) Female Tenure-Holder:

• Special provision under Section 172 UPZALR Act:
• Land held by a female reverts to her heirs from her parental side, unless
she inherited it from her husband or father-in-law—in which case, it may
revert to her husband’s heirs.

3. Principle of Survivorship
• This principle applies when joint holders (e.g., brothers holding land
jointly) are involved.
• Upon death of one, their interest devolves upon surviving joint holders,
unless partitioned or separate shares are proven.
• Survivorship does not apply where the land is already partitioned or
individually held.

Important Points:
• A widow’s rights are generally limited to her lifetime unless specifically
stated.
• Adopted children are treated as natural heirs under Hindu law.
• Non-agriculturists may not inherit agricultural land unless permitted
under the law.

Unit 5

Under the U.P. Zamindari Abolition and Land Reforms Act, 1950 (UPZALR
Act), land tenures are broadly classified into three main categories, each
with distinct rights and restrictions regarding declaration, bequest,
transfer, exchange, lease, mortgage, and division.

Here’s a detailed overview:

1. Classes of Tenure-Holders

A. Bhumidhar with Transferable Rights (BT)

• Highest form of tenure under UPZALR.
• Equivalent to ownership.
• Rights are transferable and heritable.
• Can hold land permanently and freely dispose of it.

B. Bhumidhar with Non-Transferable Rights (BNT)

• Limited form of bhumidhar.
• Cannot transfer land except in specified cases (e.g., with permission or
to specified categories like SC/ST).
• Still enjoys most rights of cultivation and possession.

C. Asami
• Lowest tenure—often former tenants, allottees, or grantees.
• Temporary rights, not absolute ownership.
• Rights can be terminated for non-compliance.
• Limited powers to transfer or mortgage.

2. Rights and Legal Acts

Legal Act BT (Transferable) BNT (Non-Transferable) Asami

Declaration Allowed; can file for recognition of rights Allowed Allowed
Bequest (Will) Fully allowed under Section 169 Limited (as per rules) Not
usually allowed
Transfer Freely allowed (sale, gift, etc.) Restricted (only with permission or
within family) Not allowed
Exchange Permitted Not allowed unless permitted by Collector Not
allowed
Lease Can lease with registration Usually not permitted Not allowed
Mortgage Can mortgage Not permitted Not permitted
Division (Partition) Permitted by co-tenure holders Not applicable unless
joint holding Not applicable

3. Relevant Legal Provisions

• Section 130 UPZALR Act – Transferability of Bhumidhar land.
• Section 131 – Exchange of land.
• Section 135 – Lease and its restrictions.
• Section 153 – Partition among bhumidhars.
• Section 169 – Bequest by will.
• Section 171 – Succession and devolution.
• Section 202–206 – Ejectment and rights of asamis.

Unit 4
Under Uttar Pradesh land laws, particularly the U.P. Panchayat Raj Act,
1947, U.P. Zamindari Abolition and Land Reforms Act, 1950 (UPZALR), and
allied rules, the Gram Panchayat, Land Management Committee (LMC),
and related bodies manage village-level resources including land and
funds. Here’s a detailed overview:

1. Gram Panchayat – Role in Land & Property Management

• The Gram Panchayat is the primary rural local body responsible for
administering land and other community assets in a village.
• Functions include:
• Supervising the use of Gram Sabha land (also known as Gram Samaj
land).
• Preventing encroachments.
• Managing public utilities like ponds, pathways, grazing land, etc.
• Utilizing land for public purposes like schools, roads, health centers.

2. Land Management Committee (LMC)

Formation & Composition:

• Constituted under Rule 115-C of the UPZALR Rules, 1952.
• Composed of:
• Pradhan (Head of Gram Panchayat) – Chairperson
• Village Development Officer
• Revenue Officer (Lekhpal)
• Elected Members of the Gram Sabha

Key Functions:
• Manages Gram Sabha land (chakbandi bhoomi).
• Leases out land for agriculture, housing, or commercial use as per
government guidelines.
• Monitors encroachments and recommends action.
• Keeps records of land allotment and use.
• Recommends use of land for community development projects.

3. Gaon Fund (Village Fund)

Sources:
• Grants from the state government.
• Proceeds from lease/rent of Gram Sabha land.
• Fines, fees, taxes collected at the village level.

Usage:
• Development works like:
• Village roads
• Drainage systems
• Sanitation and water supply
• Schools and health centers

4. Consolidated Gaon Fund

• A larger pooled fund comprising gaon funds of multiple villages within a
development block.
• Managed by the Block Development Officer (BDO).
• Used for inter-village development works or when individual Gaon Funds
are insufficient.
• Promotes regional infrastructure, like:
• Link roads
• Block-level health or education projects
• Irrigation canals, etc.

Legal Oversight & Auditing

• Funds and land management are subject to:
• Audit by Local Fund Audit Department
• Oversight by District Magistrate
• Social audit by Gram Sabha

Unit 3

Under Uttar Pradesh land laws, especially the U.P. Zamindari Abolition and
Land Reforms Act, 1950 (UPZALR Act) and the U.P. Land Revenue Act,
1901, the maintenance and revision of village land records is crucial for
determining land ownership, tenancy, possession, and revenue liability.

Here’s a comprehensive overview:

⸻
1. Record of Rights (ROR) – Khatauni / Khata / Khasra

Definition:
• The Record of Rights (ROR) is an official register that records:
• Names of bhumidhars, asamis, or other right-holders
• Area, class, and type of land
• Nature of rights (ownership, tenancy)
• Details of rent, revenue, and any encumbrances

Legal Basis:
• Governed by Section 28–45 of the U.P. Land Revenue Act, 1901.
• Also maintained under UPZALR Act after abolition of zamindari.

2. Mutation Proceedings (Dakhil Kharij)

Purpose:
• To update village records upon transfer of land by:
• Sale
• Gift
• Inheritance
• Exchange
• Will

Process:
• Initiated by application to the Tehsildar.
• Notice issued to all concerned parties.
• Verification by Lekhpal.
• If uncontested, Tehsildar passes mutation order.
• If contested, inquiry and quasi-judicial hearing held.

Note: Mutation is not proof of ownership, but it reflects possession and

revenue liability.

3. Record and Survey Operation

Types:
• Regular Settlement: Conducted every 30–40 years.
• Re-survey / Revision Survey: When large-scale errors are found.
• Annual Village Map and Khatauni Updates: Minor yearly updates by
Lekhpal.

Steps:
1. Preliminary Survey: Measurement of land parcels (khasras).
2. Classification: Based on soil quality, irrigation, crop pattern.
3. Preparation of field maps (naksha) and field registers.
4. Verification and objections from landholders.
5. Final publication of revised records.

Conducted under Sections 44–55 of UP Land Revenue Act.

4. Preparation of New Record of Rights

When Initiated:
• After consolidation of holdings (chakbandi).
• During revenue settlement or land reform implementation.
• When old records are inaccurate, lost or outdated.

Procedure:
• Notification issued by Collector or Revenue Board.
• Lekhpal and Kanoongo conduct ground verification.
• Public notices and objections invited.
• Final certified records prepared and digitized (now via Bhulekh portal).

Unit 2

Under Uttar Pradesh land laws, especially the U.P. Land Revenue Act,
1901, the management of boundaries and boundary marks is essential for
the maintenance of land records and prevention of disputes. Here’s a
structured overview:

1. Fixation of Boundaries

Legal Provision:
• Governed by Sections 40–45 of the U.P. Land Revenue Act, 1901.

Process:
• Conducted during survey or settlement operations.
• Boundaries of villages, plots (khasras), and individual holdings are fixed
based on:
• Old records
• Physical possession
• Revenue maps
• Done under supervision of Lekhpal, Kanoongo, and Tehsildar.

2. Demarcation

Meaning:
• Physical marking of the boundaries on the land based on the fixed
boundaries in records.

Methods:
• Using boundary pillars, fencing, or earthen embankments.
• Involves joint verification with adjoining landholders.
• Carried out by revenue officials (usually the Lekhpal).

3. Repair and Renewal of Boundary Marks

Obligation:
• Under Section 43 of U.P. Land Revenue Act, the responsibility lies on the
landholder to:
• Maintain the boundary pillars.
• Repair or renew them when damaged or removed.

Government Role:
• If the landholder fails, the revenue officer may restore or repair the
boundary marks and recover the cost as arrears of land revenue.

4. Penalty for Damage or Destruction

Legal Provision:
• Section 44 of U.P. Land Revenue Act.

Penalty:
• Fine up to Rs. 1000 or imprisonment in some cases.
• Separate recovery of cost for repair/replacement of damaged marks.
• Offender may also be liable for encroachment penalties if boundary was
damaged for illegal land gain.

5. Settlement of Boundary Disputes

Legal Framework:
• Section 41 of the U.P. Land Revenue Act.

Authority:
• Tehsildar or Assistant Collector (Grade I) has original jurisdiction.

Procedure:
1. Complaint filed by any party to boundary dispute.
2. Local inspection and measurement by Lekhpal.
3. Hearing both parties.
4. Summary decision passed by the revenue officer.
5. Appeal lies to Sub-Divisional Officer (SDO), further to Collector.

Note: If title/ownership is in dispute, parties must go to civil court; revenue

court only resolves boundary placement.