FAIZUL HASAN AND 2 OTHERS Vs. STATE OF U P AND 3 OTHERS
LAWS(ALL)-2018-11-93
HIGH COURT OF ALLAHABAD
Decided on November 26,2018

Faizul Hasan And 2 Others Appellant
VERSUS
State Of U P And 3 Others Respondents

JUDGEMENT

Anjani Kumar Mishra, J. - (1.) Both these writ petitions have been sent to this Court on the report of Stamp Reporter which states that they arise out of proceeding UP Consolidation of Holdings Act. In both these cases correction in the revenue records have been sought invoking Section 27(30 of the UP Consolidation of Holdings Act. The said provisions reads as follows:- "27 (3) After the issue of notification under Section 52, the Collector shall, instead of the map, field-book and record-of-rights previously maintained by him, maintain the map, field-book and record of rights prepared in accordance with the provisions of sub-section (1) [and the provisions of the UP Land Revenue Act, 1901 relating to the maintenance and correction of such map, field-book and record-of-rights shall mutatis mutandis apply].""
(2.) From a bare perusal of this provision quoted above, it is clear that it is a provision which only provides as to what law will be applicable for correction of final revenue records prepared during consolidation operations. It also clearly specifies that once the final consolidation records has been prepared, the same shall be maintained by the Collector in accordance with the provisions contained in UP Land Revenue Act.
(3.) In both these cases, the application invoking Section 27 (3) of the UP Consolidation of Holdings Act were filed prior to the enforcement of UP Revenue Code, 2006. Section 231 of the Code also provides that any proceedings which has been initiated under the provision of any law which has been repealed by the Code itself, shall be continued under the provisions of repealed Act.;


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