Land Laws.docx

Project on

Correction of wrong entries in khasra and other land records

SUBMITTED TO: Dr. Parvesh Kumar Rajput

SUBMITTED BY: Sahaj Puri

Semester-VIII, Roll No. 137

DATE OF SUBMISSION- 6th March 2018 HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR (C.G)

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INDEX

1. DECLARATION……………………………………………………………………………………………………………….3

2. ACKNOWLEDGEMENT…………………………………………………………………………………………………..4 3. RESEARCH METHODOLOGY…………………………………………………………………………………………..5 4. OBJECTIVES.........................................................................................................................5 5. SOURCES OF DATA..............................................................................................................5 6. INTRODUCTION……………………………………………………………………………………………………………..7 7. Definition and history of khasra records…………………………………………………………………………8 8. Correction of wrong entries in Khasra and other land records.........................................10 9. Analysis of section 115.......................................................................................................13 10. Relevant case laws............................................................................................................14 11. Conclusion.........................................................................................................................17 12. Bibliography………………………………………………………………………………………………………………...18

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DECLARATION

I, Sahaj Puri, having researched on the project work titled “Correction of khasra records and other land related documents” as a student of Land Laws, hereby declare that this Research Project has been prepared for academic purposes only, and has been prepared by myself under the supervision of Dr. Parvesh Kumar Rajput, faculty of Land Laws, Hidayatullah National Law University, Raipur.

The views expressed in the report are personal and do not reflect the views of any authority or any other person.

I also declare that this Research Paper or any part thereof has not been or is not being submitted elsewhere for the award of any degree or Diploma. This report is the intellectual property of the University on the part of the student research work, and the same, or any part thereof, may not be used in any manner whatsoever in writing.

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ACKNOWLEDGEMENT

I would like to express my sincere gratitude towards my teacher Dr. Parvesh Kumar Rajput, who gave me such an interesting topic to work on. Without her able guidance this project would not have been possible.

I would also like to thank the library and IT section of our university, for all the books, articles, sites and other material that I obtained from them, failing which my research would not have been possible.

I would like to express my heartfelt gratitude to my parents for their thorough support and concern. Also I appreciate the valuable inputs and suggestions of all my friends and thank them from the bottom of my heart.

Sahaj Puri Semester-VIII Roll No. 137

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RESEARCH METHODOLOGY

The methodology adopted in this research work is doctrinal & descriptive in nature.

OBJECTIVES:

To understand various kinds of land records

To study the procedure for change of wrong entries in land records

SOURCES OF DATA:

Secondary and electronic resources have been used to gather information and data about the topic. Books and other references as guided by the faculty have been primarily helpful in giving the project a firm structure. Websites and articles have also been referred to. The Websites “Manupatra” and “Indiankanoon” have been used primarily.

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Introduction

Land records are dealt with under Chapter IX of Chhattisgarh Land Revenue Code, 1959 under section 104 to section 123. It deals with the aspect of record maintenance for the purpose of revenue computation and collection. It primarily includes two documents namely Field Book and Kisan Kitab.

1 Field Book deals with demarcation of chargeable land with a particular bhoomiswami and allotment of unique identification number called khasra number for comfortable computation of land revenue.

The field book contains a map of each revenue circle with corresponding revenue no. It should to be prepared by revenue officer (at revenue service) and collector.1

2 Kisan Kitab –

Section 114(a) reads:(1) It shall be obligatory upon every bhumiswami, whose name is entered into the khasra or field book prepared under Section 114, to maintain a Kisan Kitab in respect of his all holdings in a village which shall be provided to him on payment of such fee as may be prescribed.

(2) The Kisan Kitab shall be in two parts, namely Part I 'consisting of rights over holding and encumbrances on the holding and Part II consisting of rights

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Section 107(5), Chhattisgarh Land Reveue Code, 1959

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over holding, recovery of land revenue in respect of the holding and the encumbrances on the holding and shall contain —

(i)

such of the entries of khasra or field book pertaining to a holding of a bhumiswami as may be prescribed;

(ii)

Particulars in respect of recovery of land revenue, Government loan and non-Government loan in respect of such holding;

(iii)

such other particulars as may be prescribed

(iv)

In case of any difference between the entries contained in the khasra or field book and the Kisan Kitab, the Tahsildar may, either on his own motion or on an application made to him in that behalf and after making such enquiry as he may deem fit, decide the same and the decision of the Tahsildar shall be final.

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Definition and History of Khasra Records

A khasra is a legal agricultural document used in India and Pakistan that specifies land and crop details. It is often used in conjunction with a shajra (or shajra kishtwar), which is a reference map of the village that administers the land described by the khasra. Khasras traditionally detail "all the fields and their areas, measurement, who owns and what cultivators he employs, what crops, what sort of soil, what trees are on the land.

The khasra, or index register to the revenue map. It is a list showing, by numbers, all the fields and their areas, measurement, who owns and what cultivators he employs, what crops, what sort of soil, what trees are on the land ... From this khasra a 'khatauni', or abstract of fields held by each person, is made out ...2

“... The preparation of a detailed field map called Shajra in which the fields were numbered. The patwari was then to register all the field numbers in a corresponding field book called khasra jwhich also contained the name of the proprietor ...”3

Systematic khasra documentation in the Indian subcontinent has existed for several centuries, far predating the British colonial period. Medieval khasra documents are a useful source for historians in reconstructing the economic history in specific areas of India and Pakistan.

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Baden Henry Baden-Powell, The Land Systems of British India: Being a Manual of the Land-tenures and of the Systems of Land-revenue Administration Prevalent in the Several Provinces 3

Bankey Bihari Misra, The Central Administration of the East India Company 1773-1834, Manchester University Press, 1959,

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“These village papers were usually maintained and duly signed in the local language by the patel and patwari, the headman and the accountant respectively.”4

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Satya Prakash Gupta, Centre of Advanced Study in History, Aligarh Muslim University, The agrarian system of eastern Rajasthan, c. 1650-c. 1750, Manohar, 1986, ISBN 978-81-85054-11-7

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Correction of wrong entry in khasra and other land related documents

Bare provisions pertaining to modification and maintenance of land records:-

Section 115 - Correction of wrong entry in khasra and any other land records by superior officers.— If any Tahsildar finds that a wrong or incorrect entry has been made in the land records prepared under Section 114 by an officer subordinate to him, he shall direct necessary changes to be made therein in red ink after making such enquiry from the person concerned as he may deem fit after due written notice.

Section 116 - Disputes regarding entry in khasra or in any ether land records.— (1) If any person is aggrieved by an entry made in the land records prepared under Section 114 in respect of matters other than those referred to in Section 108, he shall apply to the Tahsildar for its correction within one year of the date of such entry. (2) The Tahsildar shall, after making such enquiry as he may deem fit, pass necessary orders in the matter

Section 117 - Presumption as to entries in land records.— All entries made under this Chapter in the land records shall be presumed to be correct until the contrary is proved.

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Section 118 - Obligation to furnish information as to title.—

(1) Any person, whose rights, interest or liabilities are required to be or have been, entered in any record or register under this Chapter, shall be bound on the requisition in writing of any Revenue Officer, Revenue Inspector or Patwari engaged in compiling or revising the record or register to furnish or produce for his inspection, within one month from the date of such requisition, all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or in his possession or power.

(2) The Revenue Officer, Revenue Inspector or Patwari to whom any information is furnished, or before whom any document is produced under subsection (1) shall at once give a written acknowledgement thereof to the person furnishing or producing the same and shall endorse on any such document a note under his signature stating the fact of its production and the date the receipt of.

Section 119 - Penalty for neglect to furnish information.—

(1) Any person neglecting to make the report required by Section 109, or furnish the information or produce the documents required by Section 118, within the specified period shall be liable, at the discretion of the Tahsildar, to a penalty not exceeding one thousand rupees, which shall be recoverable as an arrear of land revenue.

(2) Any report regarding the acquisition of any right '[under Section 109] received by the patwari after the specified period shall be dealt with in accordance with the provisions of Section 110.

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Section 120- Requisition of assistance in preparation of maps and record of rights. — Subject to rules made- under this Code, any Revenue Officer, Revenue Inspector, Measurer or Patwari may, for the purpose of preparing or revising any map or plan required for or in connection with any record or register under this Chapter, call upon any holder of land and any holder of plot in abadi to point out the boundaries of his land or plot

Section 121- Power to make rules for land records.—

The State Government may make rules for regulating the preparation, maintenance and revision of land records required for the purposes of this Code.

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Section 115 - Correction of wrong entry in khasra and any other land records by superior officers

If any Tahsildar finds that a wrong or incorrect entry has been made in the land records prepared under Section 114 by an officer subordinate to him, he shall direct necessary changes to be made therein in red ink after making such enquiry from the person concerned as he may deem fit after due written notice.

Essential conditions of this section are:

(1) Jurisdiction lies with tahsildar

(2) It is valid for all land records under section 114 for the purpose of revenue collection

(3) Wrong entry must me made by an officer subordinate to tehsildar

(4) Make enquiry from the person concerned

(5) Direct to make necessary changes

(6) Notice of changes made to be sent compulsorily to the people concerned.

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Relevant case laws

(1) Sanjay Kumar Kada & Another Vs State of Chhattisgarh & Others

Challenge in this petition was to the endorsement made by the Sub-Registrar R), Raipur on the back side of the sale deed dated 08/07/2009 Annexure P/1) whereby the Sub- Registrar R) declined the registration of the sale deed on the ground that pursuant to the order dated 29/06/2007 Annexure P/2) passed by the Collector, Raipur, true copy of the Khasra and Form B-1 has to be certified by the Revenue Officer under Rule 19 o) of the Madhya Pradesh/Chhattisgarh Registration Rules, 1939 for short "the Rules, 1939"), as modified by the State of Chhattisgarh vide notification dated 27/06/2002. The petitioners further challenge the order dated 29/06/2007 Annexure P/2) whereby the Collector, Raipur, has directed the Registration Officer under the provisions of the relevant rules to seek verification of documents from the Revenue Officers.

The Rules, 1939 were framed under the provisions of Section 69 of the Registration Act, 1908 for short "the Act, 1908"). The Inspector-General of Registration of the State has jurisdiction to exercise a general superintendence over all the registration offices in the territories under the State Government and have power from time to time to make rules consistent with the Act, 1908. Rules 1939 were framed by the Inspector General of registration. Thus, any amendment may be made by the Inspector General of registration, as provided under the provisions of Section 69 of the Act, 1908.

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(2) Rajendra Shankar Shukla S/o Shri Ram Awtar Shukla Vs State Of Chhattisgarh, through Collector, District Raipur (CG).

In this petition under Article 226/227 of the Constitution of India, the petitioner prayed for a direction to the respondent No.1 to issue a certificate that the petitioner is in possession of the land and they have not taken over the land since after the date of acquisition with further direction to the respondent No.1 either to withdraw the acquisition of land since it has not taken possession of the same from the date of acquisition i.e. in the year 1944-45, therefore, the acquisition itself has lapsed or in the alternative to pay the compensation of the land.

The record of the State clearly demonstrated that the area in question was acquired way back in the year 1944-45 during the second world war and was recorded in the name of Central Government, Department of Home Affairs, therefore, when the land was not needed by the Government of India, a communication dated 02.12.1987 was sent to the erstwhile State of Madhya Pradesh for recording the name of Department of Revenue, State of Madhya Pradesh, in the revenue records. It is also recorded in Annexure P/4 that the land holders did not receive the compensation. The recital in column 5 of Annexure P/4 would clearly indicate that the land was acquired during the Second World War. The agriculturists probably refused to receive the compensation, as the land was acquired in the interest of the nation.

It was held that the plea raised by the petitioner claiming title over the land on the strength of the orders passed by the Board of Revenue deserves outright rejection inasmuch as the Board of Revenue cannot confer title on any person. The Board of Revenue was also not made aware of the acquisition for war purposes made in the year 1944-45.

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(3) Jamal Khan S/o Ismile Khan, Aged About 54 Years R/o Pausara, Tahsil Katghora, Revenue District Korba, District Korba, (Chhattisgarh) Vs

1. State Of Chhattisgarh Through The Secretary, Revenue Department, Mahanadi Bhawan, New Raipur, P.S., Rakhi, Raipur, (Chhattisgarh) 2. The Collector, Korba, District Korba, (Chhattisgarh) 3. The Patwari Halka- Katghora, Korba, District Korba, (Chhattisgarh)

1. Petitioner has filed this writ petition seeking entry of his name in the land record pertaining to the Khasra No.339/18, area 2.00 Acre at village Pausara, PH No.15, Tehsil Katghora, district Korba, Chhattisgarh. The petitioner claims to have purchased the land from its previous owner. 2. The court held that the petitioner has remedy under the Chhattisgarh Land Revenue Code, 1959 for mutation of his name in the relevant revenue records and the writ petition is not maintainable on account of availability of alternative remedy.

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Conclusion

Section 115 provides for change for change of wrong entries in khasra records and other land records. Essential factors of this section are:

(1) Jurisdiction lies with tahsildar

(2) It is valid for all land records under section 114 for the purpose of revenue collection

(3) Wrong entry must me made by an officer subordinate to tehsildar

(4) Make enquiry from the person concerned

(5) Direct to make necessary changes

(6) Notice of changes made to be sent compulsorily to the people concerned.

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Bibliography

Books:

1 Chhattisgarh Land Revenue Code, 1959

Web sources:

1 www.indiankanoon.org 2 www.manupatrafast.in 3 www.cgrevenue.nic.in

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