U.P.

REVENUE CODE, 2006

This Act is of great import for the state as it repeals a number of obsolete laws
enacted during the British regime; many of which are inconsistent with one
another. Acting as a uniform code, the Act consolidates and amends the laws
relating to land-tenures and land revenue in the State and speeds up the disposal
of the revenue cases by creating a Revenue Court for disposal of cases relating
to matters provided under this Act. The Act also comes with a clause that was
fiercely contested upon by the two prominent parties of the state, allowing
Dalits to sell their land to non- Dalits even if their remaining holding is less than
3.5 acres. To safeguard land ownership of Dalits and protect them from being
forced to sell their land to upper caste persons, the earlier land revenue laws did
not allow them to sell their land to OBCs and Upper Castes if their remaining
land was less than 3.5 acres.
The new revenue regime is promising in a number of ways, opening up new
dimensions for the economic prosperity of the state, especially benefiting the
dalits who had failed to secure buyers among their class given their economical
backwardness. Now, they are free to sell their lands to whoever they want, they
are free to mortgage their property with whomsoever they wish; gift the
properties or lease them to people irrespective of their class and realize the
worth of their assets.

Classes of Tenure-Holders:

Sec 74 of the Code provides four types tenure holders. These are:

a. Bhumidhar with transferable rights

b. Bhumidhar with non-transferable rights

c. Asami

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 d. Government lessee
1. Bhumidhar with transferable rights:

Section 75 of the Code, provides that following persons shall be BTR:

a. Every person who was a BTR immediately before the date of commencement
of this Code,
b. Every person who in any other manner acquires on or after the said date,the
rights of such a Bhumidhar under this Code or under any other law for the time
being in force.
c. Sec 76(2) provides that every person who was a Bhumidhar with non-
transferable rights immediately before the commencement of this Code and had
been such Bhumidhar for a period of five years or more,shall become BTR on
such commencement.
d. Sec 76(3) provides that every person who was a BNTR on the commencement
referred to in sub-sec (1) and (2) or becomes BNTR after such commencement
shall become BTR after expiry of ten years from his becoming BNTR.
Bhumidhar with transferable rights is the highest type of tenure holder. His interest is
permanent, heritable and transferable

2. Bhumidhar with non-transferable right:

Section 76(1)(a)-(e) provides following persons as Bhumidhar with non-
transferable rights:
a. Every person who was a bhumidhar with non-transferable rights
immediately before the date of commencement of this Code.
b. Every person who is admitted as bhumidhar with non- transferable
rights on or after the said date by the Bhumi Prabandhak Samiti to
any land under or in accordance with the provisions of this Code.
c. Every person who is allotted any land on or after the said date under

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 the provisions of the Uttar Pradesh Bhoodan Yojna Act,1952.

d. Every person who is allotted any land on or after the said date under
the provisions of the Uttar Pradesh Imposition of Ceiling on Land
Holdings Act,1960.
dd. Every person who was an asami in possession of land not covered
by Section 77 of this Code, immediately before the date of
commencement of this Code and had been recorded as such in class-3
of the annual register(khatauni) of 1407 Fasli.
e. Every person who in any other manner acquires the right of such a
bhumidhar under or in accordance with the provisions of this Code,
or any other law for the time being in force.
QUES.1- What are rights of bhumidhar with transferable rights?

Answer- 1. Right to use the land:

Section 79 (1) provides that a Bhumidhar with transferable rights shall,

have the right to exclusive possession of all land of which he is a bhumidhar and
to use it for any purpose whatsoever.
But, there are certain restrictions imposed upon the bhumidhar with transferable
rights which are as follows:
1) A bhumidhar with transferable rights has no right to appropriate minerals
existing on his bhumidhari land. Mines and minerals under the Act have
been vested in the state. Only the usufruct of land is vested in the tenure
holder. Section 79 merely gives right to bhumidhars as as tenure holders
to the exclusive possession of all land in respect of which they are
bhumidhars and to use it for any purpose .The ownership of the corpus
remains with the state and bhumidhars are entitled to use it as tenure
holders.
2) Sec 122 of code provides that if a bhumidhar does not pay land revenue
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 and does not use the land for agriculture for a continuous period of three
agricultural years then the collector may after inquiry takes possession of
the land by such bhumidhar.

2. Right to transfer the land:

According to Section 88 of the Code,the interest of a bhumidhar with

transferable rights, subject to the certain conditions, shall be transferable. The
right of transfer is available to all the bhumidhars with transferable rights
whether be a male or a female, whether he is a Hindu or non-Hindu.

Restrictions:

1. According to Section 89(2) no bhumidhar shall have the right to transfer,

by sale or gift any land as a result of which the purchaser or donee becomes
entitled to land which, together with land, if any, held by his family, will in
aggregate exceed 5.0586 acres in UP. Transfer made in contravention of
this provision shall be void under Sec 104.

2. Sec 105 provides the following consequence shall ensue if transfer is made
in contravention of provisions of this Code:
a. The subject matter of such transfer shall vest in the State
government free from all encumbrances.
b. The trees, crops, wells and other improvements, existing on such
holding or part shall vest in the State government free from all
encumbrances.
c. The interests of the transferor and the transferee in the properties
specified in clauses (a) and (b) shall stand extinguished.

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 d. The extinction of interest of the transferor under clause (c) shall
operate to extinguish in the interest of any asami holding under
him.

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 3. Transfer by member of SC – Section 98 of the Code provides the
restrictions on the member of SC in transfer his holding. Accordingly, a
bhumidhar belonging to SC cannot transfer by way of sale, gift, mortgage or
lease any land a person not belonging to SC. With the previous approval of
the collector the transfer in favour of a person of non-SC can be made. The
collector may grant approval only when-
a. The bhumidhar belonging to a SC has no surviving heir
b. The bhumidhar belonging to a SC has settled or is ordinarily
residing in the district other than that in which the land proposed to
be transferred is situated or in any other State for the purpose of
any service or any trade ,occupation, profession or business:or
c. The Collector is, for the reasons prescribed, satisfied that it is
necessary to grant the permission for transfer of land.
4. Transfer by member of ST – Section 99 provides that a bhumidhar
belonging to ST is prohibited to transfer by way of sale, gift, mortgage or
lease any land to a person not belonging to such tribe. Transfer made in
contravention of the provision will be void and the land, trees, crops etc.
shall be vested in the state free from all encumbrances.
5. Person other than indian national not to acquire land-Sec 90 provides
that no person, other than an Indian citizen, shall have the right to acquire
any land by way of sale or gift or in any other manner involving transfer of
possession in his favour,without prior permission in writing from the State
government.
6. Restriction on transfer by mortgage-Sec 91 provides that a bhumidhar with
transferable rights cannot mortgage any land belonging to him where possession
of the

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mortgaged land is transferred or is agreed to be transferred in future to the
mortgage as a security for the money advanced. If the there is a violation of this
section then section 93 will apply and it said that mortgaged with possession to
the transferee shall be deemed as a sale to the transferee
7. Restriction on lease-According to sec 94 of the code a bhumidhar cannot
let his holding or part thereof, except:
a. When he himself is a disabled person enumerated under Section 95
or
b. Where the lessee is a recognized educational institution for
providing instructions in agriculture, horticulture or animal
husbandry including pisciculture and poultry farming.
3. Right to Exchange –
Section 101 provides that a bhumidhar may exchange his land with the
land of any other bhumidhar, or gaon sabha or local authority (like
municipality, town area or notified area). This exchange can be made
only with the prior approval of the Sub-Divisional Officer.
If the restriction is violated the exchange shall be void, and both the lands with
effect from the date of exchange, be deemed to have vested in the state
government free from all encumbrances. The trees, crops and wells existing on
the lands on the date of transfer shall, with effect from the said date, be deemed to
have vested in the state government free from all encumbrances.

4. Right to bequest (Section 107) –

A bhumidhar with transferable rights may, by will, bequeath his holding or any
part thereof. Amongst the three tenure holders only the bhumidhar with
transferable rights possesses this right
Restrictions:

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 1. A bhumidhar with transferable rights belonging to SC cannot, without the
previous approval of the collector, make a will in favour of non-SC.
2. A bhumidhar with transferable rights belonging to ST cannot make a will
in favour of a non-ST.
Any contravention of the provisions of Code will make the will as void and
ineffective.

5. Right to get declaration:

Section 80 provides where a bhumidhar with transferable rights uses his holding
or part thereof for a purpose not connected with agriculture, horticulture of
animal husbandry which includes pisiculture and poultry farming, the Sub-
divisional officer in- charge of the sub-division may, suo motu or on application,
may declaration to that effect. Where the proceedings have been started by the
Sub-divisional officer of the sub-division on his own motion, he shall issue notice
to the bhumidhar concerned, or he shall give him an opportunity of being heard
before making such declaration.

When the declaration to the effect is granted:

a. The succession to the land shall be devolved by the personal law to which
he is subject; and
b. The provisions of Chapter VIII of the Act shall cease to apply with
respect such land that is, he can transfer even to such person who has
already more than 12.5 acres of land.

6. Right to sue for division:

Section 116 of the Code provides that a bhumidhar may sue for division
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 of his holding. To every such suit the Gram Panchayat concerned shall be
made a party. It further provides that one suit may be instituted for the
division of more than one holding where all the parties of the suit other
than Gram Panchayat are jointly interested in each of the holdings.

7. Right of non-ejectment:
According to Section 130 “no bhumidhar shall be liable to ejectment
from his holding except as provided in this Act”. That is to say
bhumidhar cannot be ejected from his holding on any ground.

Exception is provided in Section

Accordingly, any person including bhumidhar shall be liable
notwithstanding anything contained in Section 130, on the suit of gaon sabha to
ejectment from the land:
a. Where he was admitted as such on or after August 8, 1946 and before
July 1, 1952; and
b. Where the suit was filed within 10 years from the date of vesting. (This
provision has become obsolete since 10 years have already elapsed).
c. Where he was admitted a tenure holder or grove holder on land of public
utility like common pasture land, pathway, tank, etc., or where he was a
zamindar and cultivated the land himself.

Where the interest of a bhumidhar is extinguished on grounds mentioned

under section 86, the tenure holder ceases to be a bhumidhar and his privilege of
claiming immunity of non-ejectment is lost. Similarly, according to Sections
103 and 104 where a bhumidhar transfers the land in violation of any provision
of the Act, the transfer will be void and the land be deemed to have been vested
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 in the state government. The transferor if occupying the land may be evicted by
the collector.
Ques..2- What are the rights of bhumidhar with non transferable
rights?

Answer- 1.Right to use the land:

This right is provided under Section 79(2) of the Act. Accordingly, a bhumidhar
with non-transferable rights shall have the right to exclusive possession of all
land of which he is such bhumidhar and to use such land for any purpose
connected with agriculture, horticulture or animal husbandry which includes
pisiculture, poultry and social forestry But if,
i. Section 122: A bhumidhar being a minor, lunatic or idiot has not used his
holding for a purpose connected with agriculture, horticulture etc. for
three consecutive agricultural years, the Collector may take possession of
the land from the bhumidhar and collector may let it out on the behalf of
bhumidhar for a period of one agricultural year.
ii. Section 122: A bhumidhar with non-transferable rights if does not use his
holding for the purpose as mentioned under section 79(2) (that is for a
purpose connected with agriculture, horticulture, social forestry and
animal husbandry including pisiculture and poultry farming) for three
consecutive years, the land may be declared as abandoned land by the
Collector.

2. Right to transfer the land:

Section 88(2) says that the interest of a bhumidhar with non-transferable
rights is not transferable, but it is heritable and permanent.

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 Exceptions:

There are certain circumstances in which a bhumidhar with non-

transferable rights may make transfer. These circumstances are as follows:
a. He may mortgage without possession his interest in the holding as a
security for a loan(92)
b. He can make a lease of his land to anybody if he himself comes within the
category of disabled person.(94).
If a bhumidhar with non-transferable rights makes any transfer in
contravention of the provision of the Act, the transfer shall be void.

3. Right to surrender –
A bhumidhar with non-transferable rights and an asami enjoy this right to
surrender his holding. Section 118 provides that a bhumidhar with non-
transferable rights may surrender his holding or any part thereof by making
an application in writing to the tahsildar and giving a notice in writing to the
LMC intimating his intention to do so and by giving up possession thereof
whether such holding is or is not let.
4. Right to exchange-
Section 101 provides that a bhumidhar may exchange his land with the land of
any other bhumidhar, or gaon sabha or local authority (like municipality, town
area or notified area). This exchange can be made only with the prior approval of
the Sub-Divisional Officer.
If the restriction is violated the exchange shall be void, and both the lands with
effect from the date of exchange, be deemed to have vested in the state
government free from all encumbrances. The trees, crops and wells existing on
the lands on the date of transfer shall, with effect from the said date, be deemed to
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have vested in the state government free from all encumbrances.

5. Right to Sue-
Section 116 of the Code provides that a bhumidhar may sue for division of his
holding. To every such suit the Gram Panchayat concerned shall be made a party.
It further provides that one suit may be instituted for the division of more than
one holding where all the parties of the suit other than Gram Panchayat are jointly
interested in each of the holdings.

6. Right Of Bequest- Section 107(4) says that Bhumidhar with non

transferable right has no right of bequest his interest by will.

Ques.3- What are the provisions regarding Ejectment of

tresspassers from bhumidhar land and gram sabha land?
Answer- EJECTMENT OF TENURE HOLDERS

Sec 130 of the Code provides that no bhumidhar shall be liable to ejectment from
the land held by him except according to the provisions of this Code.
Ejectment is of three types:

a. Ejectment of persons occupying land without title(Sec 134)

b. Ejectment of trespassers of Gram Panchayat land(Sec 136)

a. Sec 134- Ejectment of persons occupying land without title

Clause-1. Where a person takes or retains possession of any land forming part
of the holding of any bhumidhar or asami without the consent of such
bhumidhar or asami,such person shall be liable to ejectment on the suit of the

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 bhumidhar or asami concerned, and shall also be liable to pay damages at the
rate prescribed.
Clause 2. To every suit relating to any land referred to in sub-section (1), the
State Government and Gram Panchayat shall be impleaded as necessary parties.
b. Sec 136- Ejectment of trespassers of Gram Panchayat land
Clause 1- The Sub-Divisional Officer may, of his own motion or on the
application of the Gram Panchayat or other local authority ,eject any person
taking or retaining possession of any land specified in sub-section (2), if such
possession is in contravention of the provisions of this Code and is without the
consent of such Gram Panchayat or the local authority and shall also be liable to
pay damages at the rates prescribed.
Clause 3 says that no order of ejectment shall be given unless given a
reasonable opportunity of being heard.
Clause 4 says that in order to evict a person a sub divisional officer may use
force as he deems necessary.

Ques.4- What are modes of recovery of land revenue?

Answer- RECOVERY OF LAND REVENUE (169 -178)

Revenue is a tax imposed by the state and is fixed in accordance with

some principles incorporated in a statute. Land revenue is a tax on land or its
produce paid to the government. The exclusive jurisdiction has been conferred
on the revenue courts relating to land revenue. All land held by a person who is
or is deemed to be a bhumidhar as such and wherever situate, is liable to the
payment of land revenue to the state government except such land as may be
exempted whether wholly or partially from such liability by grant of, or contract
with the state governments.
The land revenue is collected and realized for the fasli year
commencing from the 1st July and ending on 30th June. It is payable in two
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 instalments viz., kharif and rabi. If the land revenue or any instalment thereof is
not paid or before the due date, it becomes arrears of land revenue and the
persons liable for it become defaulter.

Sec 169- when a arrear of land revenue has become due, a writ of demand may
be issued by the tahsildar against the defaulter to pay the amount within a
specified time.
Section 170 (1) of the Code provides for the procedure as to the recovery
of land revenue from such a defaulter. Accordingly, an arrear of land revenue
may be recovered by any one or more of the following processes:
1. By arrest and detention of the defaulter (171)

2. By attachment and sale of his movable property including

agricultural produce (172)
3. By attachment of any bank account or locker of the defaulter (173)

4. By attachment of the holding in respect of which the arrear is due.(174)

5. By lease or sale of the holding in respect of which the arrear is due.

(175&176)

6. By attachment and sale of other immovable property of the defaulter.(177)

7. By appointing a receiver of any property, movable or immovable of the

defaulter.(178)

Sec 171. Arrest and detention

 Any person committing default in payment of an arrear of land revenue

may be arrested and detained in custody of the tahsil lock up for a period
not exceeding 15 days unless the arrears are paid.
 Following persons are not liable for arrest and detention-
a) A woman or a minor or a senior citizen of 65 years of age
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 b) Persons belong to the armed forces of the union,
c) Persons exempted under section 133, 135, 135A of CPC
No persons shall be detained in the custody unless the officer issuing the
arrest warrant has reason to believe that the arrest is necessary for compel
the person to pay the arrears of payment.
Sec 172- Attachment and sale of movable property
The officer may attach and sell movable property of the defaulter including
the agriculture produce.
The following property are not liable for attachment-
a) Necessary wearing apparel, cooking vessels, beds, personal ornaments
b) Tools of the village artisans if the defaulter is an agriculturist
c) Articles which he use for religious worship
Sec 173- Attachment of the bank account and locker of the defaulter
The attachment of bank account of the defaulter be made by serving a garnishee
order to the manager of the bank according the section 46, 46A, 46B of CPC.

Sec 174- Attachment of Holding

The collector may attach any land in respect of which arrears of land revenue is
due.
Sec 175- Lease of Holding
Where any land is attach U/S 174, the collector can let out the land for not
exceeding 10 years for the recovery of land revenue.
Sec 176- Sale of holding
If after the attachment the collector did not find suitable person to take on lease
the land then collector may sell such land according to the prescribed provision of
this code.
Sec 177- Attachment and sale of other immovable property
The collector may realize any arrears of land revenue by attachment and sale of

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the interest of a defaulter in any other immovable property belongs to such
defaulter.
Sec 178- Appointment of receiver
Where any arrears of land revenue is due from any defaulter, the collector may by
order appoint a receiver of any movable or immovable property of the defaulter.

Ques.5- What are the provisions related to male succession?

Answer- Male Succession- If the deceased died intestate the property shall devolve
according to the provision of section 108.
Following persons are entitled to inherit property in case of death of Male relative
dies intestate (without making will)-
(a) Widow, unmarried, daughter, male lineal descendent per strip.
Provided that the widow and the son of a predeceased son how low-so
ever per stirpes shall inherit the share which would have devolved
upon the predeceased son had he been alive.

(b) Mother & father.

(c) married daughter
(e)Brother and unmarried sister
(f) Son’s daughter
(g)Father’s mother & father’s father.
(h)Daughter’s son.
(i) Married sister.

Expl:- Widow includes, widow of pre deceased son, there we know that son of
pre deceased son is clause(a) heir. But daughter of pre deceased son of clause (f)
heir. And similarly daughter’s son is clause (h) heir.

Section 113- A person who is not a Indian citizen and a person of indian origin
who has acquired citizenship of any other country shall not be entitled to acquire
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any land or any interest either by bequest or inheritance.

Section 114- Other Conditions regarding Devolution

a) If a bhumidhar dies intestate and at the time of his death, a child was in the
womb who has subsequently born alive shall have the same right as if he or
she had been born before the death of such bhumidhar.

b) Where two persons died in such a circumstances as it rendering impossible

that who survived the other for purpose of devolution then it shall be
presumed that the younger survived the elder.

c) A person who commits murder of a bhumidhar, or abets the commission of

such murder shall be disqualified from inheriting the interest of the
deceased.

d) If any person is disqualified from inheriting the interest in the holding of

bhumidhar, then such interest shall devolve as if the disqualified person
died before the death of bhumidhar.

Ques.6- What are the provisons related to female succession?

Answer- If the deceased was a female, the succession will be as laid down
under sections 109 and 110.

Section 109 laid down that any women who inherits the property from a male
bhumidhar and such women dies, marries, remarries then her interest in the
holding shall devolve upon the nearest surviving heir of the last male bhumidhar
in list of section 108.

But is such women inheriting as a daughter who has surviving hiers specified in
section 110 dies then her interest in the holding shall devolve upon her heirs.

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If such women make a will or gift or transfer the property to any person before
dying then the property shall not revert back to the heir of male bhumidhar from
whom she inherited the property.

Section 110 laid down that any female bhumidhar who dies intestate , then her
interest shall devolve in accordance with the order of succession given below-

a. Son, unmarried daughter, son’s son, son’s son’s son, predeceased son’s
widow. And predeceased son’s predeceased son’s widow, in equal share
per stripes ( the nearer shall exclude the remoter in the same branch & a
widow who has remarried shall be excluded)

b. Husband

c. Married daughter

d. Daughter’s son

e. Father

f. Widowed Mother

Ques.7- Declaratory suit by tenure holder or by gram panchayat?

Answer- Section 144- declaratory suit by tenure holder.

Any person who claims to be a bhumidhar or asami of any holding may sure for a
declaration of his rights in such holding

In every such suit- A bhumidhar, the landholder, the state and the gram panchayat
shall be necessary parties.

Section 145- Declaratory suit by gram panchayat.

The gram panchayat may institute a suit against any person claiming to be
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entitled to any right in any land for the declaration of the right of such person in
such land and the court may in its discretion make a declaration of the right of
such person.

Ques 8- What are the provisions related to allotment of land in revenue

code?

Answer 8- ALLOTMENT OF LAND

1) Allotment of land for housing purpose. (63 & 64)

2) Allotment of agriculture land lease for agriculture purpose.( 125,126,128)

1. ALLOTMENT OF LAND FOR HOUSING PURPOSE

Sec 63 says that Sub divisional officer on its own motion or on the resolution of
bhumi prabandhak samiti allot following classes of land to the persons who
specified in sec 64-

a. All lands entrusted to a gram panchayat under section 59.

b. All lands come into possession of gram panchayat under any other
provisions of this code

Sec 64 gives a list of persons to whom land will be allotted under section 63, the
following persons are-

a. An agricultural labour residing in the gram sabha and belonging to a

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 SC,ST, OBC or a person of general category living below poverty line.

b. Any agricultural labour residing in the gram sabha.

c. Any other person residing in the gram sabha and belonging to a

SC,ST,OBC or a person of general category living below poverty line.

2. ALLOTMENT OF AGRICULTURE LAND FOR LEASE FOR

AGRICULTURE PURPOSE.

Section 125- Admission by Bhumi prandhak samiti to land entrusted to gram

panchayat.

Bhumi prabhandak samiti with the approval of the sub divisional officer admit
any person as-

a. Bhumidhar with non transferable rights to any land which entrusted to

gram panchayat U/S 59.

b. Asami to any land which entrusted to gram panchayat U/S 77.

Section 126- Order of preference in admission to land by bhumi prabhandhak

samiti.

In the admission of any person to any land U/S 125 the bhumi prabhandhak
samiti shall observe the following order of preference-

a. A landless widow, sons, unmarried daughter or parents residing in the gram

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 sabha of a person who died while in active service in the armed forces of
the union.

b. A landless person residing in the gram sabha who has become wholly
disabled while in active service in the armed forces of the union.

c. A landless agricultural labour residing in the gram sabha and belonging to a

SC,ST, OBC or a person of general category living below poverty line.

d. Any other landless agricultural labourer residing in the gram sabha.

e. Any landless person residing in the gram sabha who has retired from the
service in the armed forces of the union.

f. A landless freedom fighter residing in the gram sabha.

Section 128- Cancellation of allotment and lease.

The collector may inquire any allotment land and if he is satisfied that the
allotment was done in the contravention of the provisions of this code then he
may cancel the allotment.

Ques 9- What are the provision related to appeal and review in this Act?

Answer- First Appeal ( S. 207)- Any party aggrieved by a final order or decree
in any suit, may prefer a first appeal to the commissioner.

Second appeal ( S.208 )- Any party aggrieved by the order of first appeal U/S
207 may prefer a second appeal to the board of revenue. But the appellate court
shall not entertain second appeal unless the case involves the substantial ques. Of
law. The period of filing second appeal is 90 days from the date of decree of first
appeal.

Review ( S. 211 )- The board of revenue may on its own motion or from the
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application of any party review any order passed by itself. Orders passed in
review shall not be reviewed. An application for review of order shall be moved
within 60 days from the date of order.

No order shall be reviewed except on the following grounds-

a. Discovery of new and important matter of evidence.

b. Some mistake of error apparent on the face of record.

c. Any other sufficient reason.

Question 10 : What is Boundary Mark ? Penalty for Destruction of Boundary-

Marks. Disputes regarding boundary marks.

Answer : Section 20 of UP REVENUE CODE 2006 provides that each village shall
be marked by boundary pillar and each survey number in a village is also marked by
boundary pillar
Section 21 provides that it is the duty of tenure holder and Gram Sabha (in public
utility land) to maintain and repair the boundary mark.

DISPUTES REGARDING BOUNDARY MARKS:

Section 24 provides that if any boundary mark within Lekhpal Circle is

destroyed, removed or damaged then the concerned Lekhpal shall report the
matter to NT and NT after making inquiry in that respect shall submit his
recommendation to SDO and SDO shall finally solve the dispute.

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PENALTY FOR DESTRUCTION OF BOUNDARY MARKS:

Section 227 of the code provides that if any person wilfully destroys any
boundary mark he may be ordered by Tehsildar to pay such amount not
exceeding 1000/- one thousand rupees for each mark so destroyed.

Question 11: what do you mean by KHASRA (field book) and Who prepared it?

Answer : Section 30 of UP REVENUE CODE 2006 provides that Collector

shall prepare, in the manner prescribed a map and a field book (KHASRA) for
each village annually or at such intervals as may be prescribed. KHASRA contains
the 23 columns. It contains the detail related to nature of land, name of tenure holder,
fasli year, number of trees on the land, irrigational source if any, crops which are
grown and other details

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Question 12: What do you mean by record of rights (KHATAUNI)
and by whom it is prepared?

Answer: section 31 of code provides that Collector shall maintain the record
of rights (KHATAUNI) in the manner prescribed, for each village. It shall
contain following particulars-
(a) Name of all tenure-holders.

(b) Survey numbers or plot number.

(c) Area of survey numbers or plot numbers.

(d)The nature or extent of the respective interests including shares of

such persons and conditions or liabilities attaching thereto.
(e) The rent or revenue payable.

(f) Particulars of all land vested or belonging to State Govt., Central

Govt., Gram Panchayat or Local Authority.
(g) Such other particulars as may be prescribed.

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Difference between KHASRA and KHATAUNI

Both of the above are the Land Records which are prepared and maintained by
the Revenue Authorities under the provisions and on such time intervals as
prescribed by the code. The differences between both
records are as following:-

KHASRA KHATAUN
I
Prepared and Maintained annually. Prepared and Maintained six

yearly.
It has 21 columns. It has 13 columns.
The Changes regarding boundaries of The Changes regarding possession of
field are recorded in it. land are recorded in it.

It is basically related to the crops It is related to the “possession” of the

detail, cultivation or any other “use” land and any kind of change
(poultry etc.) on the land during the (mutation) occurred during the period
particular year for which it has been for which it has been prepared.
prepared.

Mortgages, attachments related to the Entries for mortgages, attachments

land are not entered in this record. during the six fasli years are recorded
in it.

 For better understanding it can be stated that if someone wants to know

the information regarding the actual use of land during for the particular
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 year he has to obtain a certified copy of the KHASRA of that particular
land which discloses the details of the crops, quantity and used area of the
field.
 But if he wants to know the recorded possession of that particular land he
would have to obtain a certified copy of KHATAUNI. Khatauni discloses
the tenure holder/tenure holders, the year from which their rights have
started, succession, transfer, mortgage, attachment, partition, declaration,
exchange or any land record, correction order etc.

Ques.13- what is changes in khatauni?

Answer- Changes in Khatauni:

Section 33(3) of the UP Land Revenue Act expressly provides that no such
change or transaction shall be recorded without the order of collector or an
hereinafter provided of the tahsildar or kanungo. But under para A 153 of the
Land Records Manual, the Lekhpal is authorized to make on his own initiative in
the following two cases:
1. Division and union of fields

2. Entry of minor’s age and the name of his guardian.

Ques.14- what is mutation proceeding?

Answer- Mutation proceedings:

It is popularly known as dakhil kharij. The dakhil kharij proceeding starts

wherever there is a change in the possession of the land whether by succession or
transfer or otherwise, the change is recorded in the khatauni by way of “mutation
proceedings”.
Therefore, the mutation proceeding starts with the change in the possession of the
land. This change may occur:
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 1. By succession or
2. Bytransfer

Section 33 of the UP REVENUE CODE 2006 provides that where a person

obtains possession of any land by succession, the Revenue inspector shall make
such enquiry as may be prescribed and if the case is not disputed record the same
in the annual register.
Whenever, the Revenue Inspector comes to know the death of a tenure holder, he
must enquire into the matter and if he comes to the conclusion that the succession
is disputed he must strike off the name of the deceased and enter the name of the
heir or heirs of the deceased in his place.
Section 34 (1) speaks about mutation on ground of transfer. Accordingly, every
person obtaining possession of any land by transfer must report such transfer to
the tahsildar or the tehsil in which the land is situate.

The word transfer includes:

1. A family settlement by which the holding or part of the holding recorded

in the record of right in the name of one or more members of that family
is declared to belong to another or other members; or
2. An exchange of holding or part thereof under section 101.

Every report to tahsildar under section 34 shall be in writing. This report shall
specify the following:
1. The name of the village where the land has been acquired

2. The name, parentage and residence of the person who has acquired the
land and the person from whom the land has been acquired

3. Desciption of the right and the manner in which it has been acquired.

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 4. The rent on which the right has been acquired and.

5. The revenue or the rent of the land acquired.

Section 35(1) says that the Tahsildar on receipt of report u/s 33 & 34 shall issue a
proclamation and make such inquiry as he deems necessary and-

a. If the case is not disputed, he shall direct the record of rights(khatauni) to be

amended accordingly,

b. If the case is disputed, he shall decide the dispute and direct the record of right
to be amended accordingly.

Section 35(2) says that any person aggrieved by an order of tahsildar under sub
section 1 may prefer an appeal to the sub divisional officer in 30 days from the date of
order.

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