Ram Surat Ram (Maurya), J. - (1.) HEARD Sri N.L. Srivastava for the petitioner. The writ petition has been filed against the order of Naib Tehsildar dated 26.4.2007 and the order of Additional Commissioner dated 31.8.2007 arising out of proceedings under section 34 of U.P. Land Revenue Act (hereinafter referred to as the Act).
(2.) THE dispute is related to land of plot No. 185 (area 0.1830 hectare) of village Utraw, pargana Man, district Allahabad. The land in dispute was recorded as Talab in the revenue record. The petitioner filed an application (registered as Case No. 391 of 2007) under section 34 of the Act for recording his name over the land in dispute. It has been stated in the application that the petitioner is running Madarsa over the land in dispute since 1921 with the permission of then Zamindar and is continuing in possession over it. The petitioner also filed a Civil Suit (registered as O.S. No. 788 of 1992) for permanent injunction, restraining State of U.P., Gaon Sabha, Abdul Vahid and Moh. Yahiya from interfering in the possession of the petitioner over the land in dispute and tilling up the tank. The suit was dismissed by Trial Court by the order dated 31.3.2005. The petitioner filed an appeal (registered as Civil Appeal No. 128 of 2005) from the aforesaid decree which was allowed by the Additional District Judge, Allahabad by order dated 21.8.2006 and the defendant/respondents were restrained from interfering in the possession of the petitioner and filling up tank or raising any construction over it. It appears that no objection has been filed in the application of the petitioner before the Naib Tahsildar. Naib Tahsildar by order dated 25.4.2007 allowed the application of the petitioner and directed for recording his name over the land in dispute. The order dated 25.4.2007 was reviewed by the Naib Tahsildar by the impugned order dated 26.4.2007 and he again restored the entry of Talab and deleted the name of the petitioner from it The petitioner filed a revision against the aforesaid order which was dismissed by Additional Commissioner by order dated 31.8.2007. Hence this writ petition has been filed. The Counsel for the petitioner submits that Naib Tehsildar has allowed the application of the petitioner on merit as such he has no jurisdiction to review his order. Under U.P. Land Revenue Act the power relating to review has not been provided to Naib Tahsildar and the subsequent order passed by him on 26.4.2007 is without jurisdiction and is null and void. The revision of the petitioner has been illegally dismissed by Additional Commissioner although it ought to have been allowed. He relied upon the Full Bench judgment of this Court in Smt. Shivraji and others v. D.D.C. : 1997 (88) RD 562 (FB), in which it has been held that if the statute does not confer the jurisdiction of revenue then the judicial or quasi judicial authorities have no power to review its judgment.
(3.) I have considered the arguments of the Counsel for the petitioner and examined the record. A perusal of the application as well as order passed on 25.4.2007 shows that the Naib Tahsildar has initiated the proceedings under section 34 of U.P. Land Revenue Act. The relevant portion of section 34 of U.P. Land Revenue Act read as follows: - - Report of succession or transfer of possession - - (1) Every person obtaining possession of any land by succession or transfer (other than a succession or transfer which has already been recorded under section 33A), shall report such succession or transfer to Tahsildar of the Tahsil in which the land is situated.;