Correction in land record kept under the uttar pradesh land revenue code
Question asked on: 25/02/2017
I seek your advice in respect of correction of my name in UP land revenue records. When my father accrued right in the ancestral land after the death of my grandfather, he was very young when his father dies so that he could not pursue his case correctly. Hence mistake occurred in khatauni due to the error of my father.
Now my father wants to correct his name because it may cause difficulty in future. So kindly help me with the procedure for the name correction.
First of all, you should inspect the revenue records like the record of rights (khatauni), field book (khasra) and annual register. The khatauni is the only record of rights in zamindari abolition areas. Hence, if your land comes under the Uttar Pradesh Zamindari Abolition Act, then you must inspect the khatauni. It shows the name of person cultivating or otherwise occupying the land. The collector maintains the khatauni. Therefore, the date reflecting in khatauni is presumed to be correct.
It would be best if you inspected the khatauni of those Fasli years came immediately before and after your grandfather’s death. The annual register is the amended version of record-of-rights. It incorporates all changes took place in respect of the land. With effect from 1387 Fasli (1st July 1979), the collector prepares it after every six years, but yet it is called annual register.
The field book is popularly known as “khasra”, and it is the detailed description of the field. It is the foundation of khatauni and source of all agricultural statistics, including the name of the tenure holder. The Lekhpal maintains the khasra annually.
If there is a discrepancy in the revenue record, then you must file a case before the appropriate revenue officer.
Correction proceeding (Revenue Code 2006)
According to the provisions of the Uttar Pradesh Revenue Code 2006, you have to file a case under section 32/38 for correction of any error or omission in the revenue record. You file that case before the Tehsildar. The Tehsildar under section 38 of the Revenue Code 2006 shall make an inquiry as he thinks necessary and prepare a report. He shall refer the case along with his report to the Sub-Divisional Magistrate (SDM) for correction.
The SDM shall decide the case, after considering any objection filed and evidence produced therein. If you aggrieved from the order of SDM, you could file an appeal before the Commissioner. The order of Commissioner shall be final.
Correction proceeding (U. P. Land Revenue Act 1901)
You should move an application before the Tehsildar under section 33/39 of the U. P. Land Revenue Act 1901 for correction in the annual register. Section 39 (1) empowers the Tehsildar to correct any error or omission in the annual register. In the course of such correction, the Tehsildar shall conduct such enquiry as he appears necessary therefor and refers the case to the Collector for its disposal.
The proceeding under section 39 is a judicial proceeding, so Collector adjudicates the matter with proper judgment. Therefore, an application under section 33/39 should be accompanied by current khatauni and duly certified by the Lekhpal. The revenue officer adopts the above-said procedure for correcting the land record.
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