(1) for revising the map and records under this Chapter, the Record officer shall, subject to the provisions hereinafter contained, cause to be carried out survey, map correction, field to field partal and test and verification of current annual register in accordance with the procedure prescribed.
(2) After the test and verification of the current annual register in accordance with sub-section (1), the Naib-Tahsildar shall correct clerical mistakes and errors, if any, in such register, and shall cause to be issued to the concerned tenure-holder and other persons interested, notices containing relevant extracts from the current annual register and such other records as may be prescribed, showing their rights and liabilities in relation to land and mistakes and disputes discovered during the operations mentioned in the said sub-section.
(3) Any person to whom notice under sub-section (2) has been issued may, within 1 [ten days] of the receipt of notice, file before the Naib-Tahsildar objection in respect thereof disputing the correctness or nature of the entries in such records or extracts.
(4) Any person interested in the land may also file objection before the Naib- Tahsildar at any time before the dispute is settled in accordance with sub-section (5), or before the Assistant Record Officer, at any time before the objections are decided in accordance with sub-section (6).
(5) The Naib-Tahsildar shall—
(a) where objections are filed in accordance with sub-section (3) or sub-section
(4) after hearing the parties concerned; and
(b) in any other case after making such inquiry as he may deem necessary;
Correct the mistake, and settle the dispute, by conciliation between the parties appearing before him, and pass orders on the basis of such conciliation.
(6) The record of all cases which cannot be disposed of by the Naib-Tahsildar by conciliation as required by sub-section (5), shall be forwarded to the Assistant Records Officer who shall dispose of the same, in accordance with the provisions of Sections 40, 41 or 43, as the case may be, and where the dispute involves a question of title, he shall decide the same after a summary inquiry.
------------------------------------------------------------------------------------------ 1- Subs. by section 2 of UK Act no 04 of 2021 38 [The Uttar Pradesh Land Revenue Act, 1901] [Section 55-57]
(7) Where after the summary inquiry under sub-section (6), the Assistant Record Officer is satisfied that the land in dispute belongs to the State Government or a local authority, he shall cause the person in unauthorized occupation of such land to be evicted and may for that purpose use or cause to be used such force as may be necessary.
(8) Every order of the Assistant Record Officer-
(a) made under sub-section (6) shall, subject to the provisions of Sections 210 and 219, be final;
(b) made under sub-section (7) shall subject to the result of any suit which the aggrieved person may file in any Court of competent jurisdiction, be final].
1 Particulars to be stated in the list of cultivators.
55. The register of persons cultivating or otherwise occupying land specified in section 32 shall specify as to each tenure-holder the following particulars:
(a) the class of tenure as determined by the Uttar Pradesh Zamindari and Land Reforms Act, 1951,
(b) The revenue or rent payable by the tenure-holder, and
(c) and other conditions of tenure which the [State Government] may by rules made under Section 234 require to be recoded.
Explanation.- For the purposes of this section the year for which the register is prepared shall be reckoned as a complete year.
56. [***] 2 Presumption as to entries.
57. All entries in the record-of-rights prepared in accordance with the provisions of this Chapter shall be presumed to be true until the contrary is prove; and all decisions under this Chapter in cases of dispute shall, subject to the provisions of sub-section (3) of Section 40, be binding on all Revenue Courts in respect of the Subject-matter of such disputes; but no such entry or decision shall affect the right of any person to claim and establish in the Civil Court any interest in land which requires to be recorded in the registers prescribed by Section 32.
CHAPTER 5- to CHAPTER 8 [X X X] 3 1- Subs by section 11 of UP Act no 6 of 1978.
2- omitted of section 1 of UP Act no 1951.
3- omitted section 58 to 188 by UP Act 1 of 1951.
39 [The Uttar Pradesh Land Revenue Act, 1901] [Section 189-193]
CHAPTER IX PROCEDURE OF REVENUE COURTS AND REVENUE OFFICERS Place for holding Court.
189. A Commissioner may hold his Court at any place within his division. An Additionla Commissioner may hold his Court at any place within the division to which he is appointed.
A Collector, Additionla Collector an Assistant Collector (whether in charge or not of a sub-division of a district), a Record Officer, an Assistant Record Officer, a Settlement Officer or an Assistant Settlement Officer, may hold his Court at any place within the district to which he is appointed A Tahsildar may hold his court at any place within his tahsil.
Power to enter upon and survey land.
190. The Collector Settlement Officer, Record Officer, and their assistants;
subordinates servants, agents and workmen may enter upon the survey land, and demarcate boundaries and do all acts necessary for any purpose conncected with their duties, under this or any other Act.
Power of Board or Commissioner to transfer cases.
191. ¿The Board or a Commissioner may transfer any case or proceeding arising under the provisions of this Act, including a partition case, from any subordinate Revenue Court or Revenue Officer to any other Court or officer competent to deal therewith.À 1 Power to transfer cases to and from subordinates.
192. The Collector, an Assistant Collector in charge of a sub-division of district, a Tahsildar, a Record Officer, or a Settlement Officer may make over any case or class of cases arising under the provisions of this Act or otherwise, for inquiry or decision, from is own file to any of his subordinates competent to deal with such case or class of cases;
or may withdraw any case or class of cases from any Revenue Officer subordinate to him and may deal with such case or class of cases himself or refer the same for disposal to any other such Revenue Officer competent to deal therewith.
Consolidation of cases.
192.A Where more cases than one involving substantially the same question for determination and based on the same cause of action are pending in one or more court they shall, on application being made by any party to the Court to which the Court or Courts concerned are all subordinate, be consolidated in one court and decided by a single judgment. Such cases may be filed direct in the superior Court.
Power to summon persons to give evidence and produce documents.
193. Any Revenue Court may summon any person whose attendance it considers necessary for the purpose of any investigation, suit or other business before it.
---------------------------------------------------------------------- 1-Subs. by section 40 of UP Act no 30 of 1975.
40 [The Uttar Pradesh Land Revenue Act, 1901] [Section 194-199] All persons so summoned shall be bound to attend, either in person or by an authorized agent, as such Court may direct, and to state the truth upon any subject respecting which they are examined or make statements. And to produce such documents and other things as may be required:
Provided that persons exempt from personal attendance in the Civil Court under Section 132 and 133 of the Code of Civil Procedure, 1908 (Act V of 1908) Shall subject to the provisions of those sections, be exempt from personal attendance under this section.
Procedure in case of noncompliance with summons.
194. If any person, on whom a summons to give evidence or produce a document has been served, fails to comply with the summons, the officer by whom the summons has been issued may exercise the powers cocnferred on Civil Courts by Order XVI, Rules 10 to 13,17 and 18 of the Code of Civil Procedure, 1908.
Summons to be writing, signed and sealed.
195. Every summons shall be in writing onn duplicate, and shall be signed and sealed by the officer issuing it, or by such person as he empowers in this behalf.
Mode of serving summons- Service in district other then that of issue-And shall be served by tendering or delivering a copy of it to the person summoned, of, if he cannot be found, by affixing a copy of it to some conspicuous part of the usual residence and if such person resides in another district, the summons may be sent by post to the Collector of that district for service.
Mode of serving notice.
196. Every notice under this Act may be served either by tendering, delivering or sending a copy thereof by post, in a cover registered under the Indian Post Offices Act, 1898, to the person on whom it is to be served; or if such persons is a proprietor of land, to his agent;
or by affixing a copy thereof at some place of public resort onn or adjacent to the land to which such notice refers.
Mode of issuing proclamations.
197. Whenever a proclamation is issued under this Act copies thereof shall be posted in the Court-house of the officer issuing it, at the headquarters of the Tahsil within which the land to which it refers is situated, and at some place of public resort on or adjacent to the Land to which it refers; and if the officer issuing it so directs, the proclamation shall be further publishing by beat of drum on or near the land to which it refers.
Notice and proclamation not void for error.
198. No notice or proclamation shall be deemed void on account of any error in the name or designation of any person or in the description of any land referred to therein, unless such error has produced substantial in injustice.
Procedure for procuring attendance of witnesses.
199. If in any proceeding of a judicial nature pending before any Revenue Court, either party desires the attendance of witnesses, he shall follow the procedure prescribed by the Order XVI, Rules 2 to 4 of the Code of Civil Procedure, 1908.
41 [The Uttar Pradesh Land Revenue Act, 1901] [Section 200-206] Hearing in absence of party.
200. Whenever any party to such proceeding neglects to attend on the day specified in the summons or on any day to which the case may have been postponed, the Court may dismiss the case for default or may hear and determine it exparte.
No appeal from orders passed ex parte or by default.
201. No appeal shall lie from an order passed under Section 200 exparte or by default.
Re-hearing on proof of good cause for non-appearance.- But in all such cases, if the party against whom judgment has been given appears either in person or by agent (if a plaintiff, within fifteen days from the date of such order, and if a defendant, within fifteen days after such order has been communicated to him, or after any process for enforcing the judgment has been executed or at any earlier period), and shows good cause for his non-appearance, and satisfies the officer making the order that there has been a failure of justice, such officer may, upon such terms as to costs or otherwise as he thinks proper, revive the case and alter or rescind the order according to the justice of the case:
Order not to be altered without summons to adverse party.-
Provided that no such order shall be reversed or altered without previously summoning the party in whose favour judgment has been given to appear and be heard in support of it.
Correction of error or Omission.
202. Any Court of officer by whom an order has been passed in any proceeding under this Act may, within ninety days of such order, either of his own motion or on the application of a party, correct any error or omission, not affecting a material part of the case, after such notice to the parties as may be necessary.
Power to refer disputes to arbitration.
203. The Board, a Commissioner, an Additional Commissioner, a Collector, Additional Collector, an Assistant Collector of the first class, a Record Officer or an Assistant Record Officer, a Settlement Officer or an Assistant Settlement Officer, may, with the consent of the parties, by order refer any dispute before it, or him, to arbitration.
Procedure in cases referred to arbitration.
204. In all cases of reference to arbitration under Section 203, the provisions of the Arbitration Act, 1940, shall apply so far as they are not inconsistent with anything this Act.
Application to set aside award.
205. Any application to set aside an award shall be made within ten days after the day appointed for hearing the award.
Decision according to award.
206. If the officer making the reference does not see cause to remit the award or any of the reference does not see cause to remit the award or any of the matters referred to arbitration for reconsideration, and if no application has been made to set aside the award, or if he has refused such application, he shall decide in accordance with the award, or if the award has been submitted to him in the form of a special case, according to his own opinion in such case.
42 [The Uttar Pradesh Land Revenue Act, 1901] [Section 207-213] Bar to appeal and suit in Civil Court.
207. Such decision shall be at once carried out, and shall not be open to appeal unless the decision is in excess of, or not in accordance with, the award or unless the decision is impugned on the ground that there is no valid award in law, or in fact;
and no person shall institute any suit in the Civil Court for the purpose of setting it aside or against the arbitrators on account of their award.
Recovery of fines and costs.
208. All fees, fines, costs, other than costs between party and party, and other moneys ordered to be paid under this Act shall be recoverable as if they were an arrear of revenue.
A Revenue Court shall have power, subject to any special provisions in this Act, to give and apportion costs due under this Act in any proceedings before it in such manner as it thinks fit:
Provided that when land is sold under this section for moneys not payable to the Government, the provisions of Section 161 shall not apply to such sale.
Delivery of possession of immovable property.
209. When an order is made that a person be put in possession of any immovable property, the officer making the order may deliver over possession in the same manner, and with the same powers in regard to all contempts, resistance and the like, as may be lawfully exercised by the Civil Courts, in execution of their own decrees.
Chapter X [Appeal and Revision] 3 Courts to which appeals lie.