Case Note & Summary
The dispute arose from a mutation application allowed by the Naib Tehsildar on May 4, 1992, which was subsequently challenged by the respondents through an appeal under Section 210 of the Uttar Pradesh Land Revenue Act, 1901. The Sub Divisional Officer remanded the matter for fresh consideration on May 4, 1993. The appellant then filed a revision under Section 218, which was dismissed by the Additional Commissioner. Following this, the appellant sought further revision under Section 219, which was allowed by the Board of Revenue on August 24, 2009, restoring the Naib Tehsildar's original order. The respondents challenged this order in a Writ Petition before the Allahabad High Court, where the Single Judge ruled that the second revision was not maintainable. The appellant contested this decision, arguing that the amendment to Section 219, which restricted further applications, did not apply to pending revisions. The Supreme Court analyzed the provisions of the Act, particularly the unamended Section 219, and concluded that the High Court's ruling was erroneous. The court allowed the appeal, set aside the High Court's order, and restored the writ petition for further consideration on merits. No costs were awarded.
Headnote
A) Land Revenue Law - Revision Applications - Maintainability of Second Revision - Uttar Pradesh Land Revenue Act, 1901, Section 219 - The High Court's finding that the second revision was not maintainable was incorrect as the amendment to Section 219 did not apply to pending applications. The court held that the appellant's revision under the unamended Section 219 was maintainable and set aside the High Court's order (Paras 8-9).
Issue of Consideration
Whether the second revision application preferred by the appellant before the Board of Revenue under Section 219 of the Uttar Pradesh Land Revenue Act, 1901 was maintainable.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order dated November 9, 2009, and restored the writ petition for hearing and consideration on merits.
Law Points
- Land Revenue Act
- Revision Applications
- Maintainability of Revision
- Jurisdiction of Authorities
