Allahabad High Court
NASIM AHMADversusSTATE OF U.P. AND 13 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The court directed the District Magistrate to ensure that proper proceedings for correction of the revenue entries relating to Plot No. 1000 and its sub‑plots are carried out in accordance with law.
Summary
The petitioner, Nasim Ahmad, filed a public interest litigation seeking a direction to the District Magistrate (respondent No.2) to correct erroneous entries for Plot No. 1000, which was mistakenly recorded as a river in CH Form 41 and later allotted as private land in CH Form 45. The petitioner relied on a report dated 08‑10‑2023 submitted by the Lekhpal highlighting the discrepancy, after which the District Magistrate instructed the Tehsildar to prepare a fresh report. The Tehsildar’s report confirmed the error and recommended initiating proceedings under Section 38(5) of the Revenue Code before the Deputy District Magistrate for correction. The court observed that the District Magistrate, as custodian of revenue records, is already seized of the matter. Consequently, the writ petition was disposed with an order directing respondent No.2 to conduct proper correction proceedings in accordance with law, after hearing all concerned parties, and permitting the petitioner to make a fresh representation to the District Magistrate.
Issues considered
- Whether the court should direct the District Magistrate to initiate correction of erroneous revenue entries for Plot No. 1000 under Section 38(5) of the Revenue Code
- Whether the writ petition seeking such direction is maintainable
Legislation cited
- Revenue Code — s. 38(5)
Subjects
- revenue records
- land record correction
- public interest litigation
- Section 38(5) Revenue Code
- district magistrate
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3726 of 2025
Nasim Ahmad
.....Petitioner(s)
Versus
State Of U.P. And 13 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prem Narayan Rai
Counsel for Respondent(s) : Arun Kumar Pandey, C.S.C.
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Prem Narayan Raj, learned counsel for the petitioner and
learned Standing Counsel for the respondent nos. 1 to 4. Sri Arun Kumar
Pandey has accepted notice on behalf of respondent no. 14.
2. The present petition has been filed seeking a direction to the respondent
no. 2 to ensure that the incorrect entries in respect of Plot No. 1000,
which was recorded as River in CH Form 41, has been allotted in the chak
of private persons in CH Form 45.
3. It is contended by the learned counsel for the petitioner that a report
was submitted by the Lekhpal on 08.10.2023, pointing out the aforesaid
discrepancy, pursuant to which, the office of the District Magistrate,
directed the Tehsildar by an undated letter to submit a fresh report on the
said discrepancy in the revenue records relating to Plot No. 1000 and its
sub-plots. A report has been submitted by the Tehsildar Sambhal that the
entries in respect of sub-plots of Plot No. 1000 in the revenue records are
incorrect and a proceeding under Section 38(5) of the Revenue Code is
required to be instituted before the Deputy District Magistrate for its
correction.
4. A perusal of the aforesaid letter shows that the District Magistrate is
already seized with the matter, who is the custodian of the revenue
records and the consolidation records in the District.
5. In view of the aforesaid, the present writ petition is disposed of with the
direction to the respondent no. 2 to ensure that proper proceedings for
WPIL No. 3726 of 2025
2
correction of the revenue entries relating to Plot No. 1000 and its sub-
plots are carried out, in accordance with law, after hearing all the
concerned parties, expeditiously. The petitioner is permitted to make a
fresh representation before the District Magistrate alongwith a certified
copy of this order for necessary action.
(Arun Kumar,J.)
May 7, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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