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Uttar Pradesh Revenue Code, 2006

The Uttar Pradesh Revenue Code, 2006 consolidates all laws related to land revenue, records, tenancy, and administration in UP. It aims to simplify land revenue collection, maintain accurate land records, protect tenants’ rights, and streamline dispute resolution.

History

Pre-Independence: Land managed under zamindari, ryotwari, and mahalwari systems.
Post-Independence: Zamindari abolished in 1950, land reforms introduced, multiple laws passed.
2006: UP Revenue Code enacted to unify and modernize land and revenue laws.
After 2006: Amendments and e-governance initiatives updated land administration.

Division and Constitution of Uttar Pradesh into Revenue Areas

Introduction

The administration of land and revenue in Uttar Pradesh (U.P.) is governed by Uttar Pradesh Revenue Code, 2006

To ensure effective land management, record keeping, and tax collection, the State is divided into various revenue areas. These divisions form the basic units of revenue administration in the State.

Constitutional Basis for UP Revenue Code, 2006

State List – Seventh Schedule

Entry 49: “Taxes on lands and buildings; land revenue” – empowers states to levy land revenue.
Entry 18: “Land, land tenures, the transfer and alienation of land, land tenures, the relation of landlord and tenant, and the collection of rents” – allows states to regulate land rights, tenancy, and records.

Article 246(3)

Empowers state legislatures to make laws on subjects enumerated in the State List, including land revenue and land administration.

Article 245 & 246 (Overall Legislative Power)

Article 245: Parliament or state legislatures can make laws for the territory of India or the state respectively.
Article 246: Divides legislative powers between Parliament and state legislatures. Since land revenue is a state subject, UP has full authority to enact the Revenue Code.

Summary:
The UP Revenue Code, 2006 is enacted under the state’s legislative powers over land and revenue, as provided by Article 246(3) and the State List (Seventh Schedule, Entries 18 & 49).

2. Meaning of Revenue Areas

According to the Act, the State of U.P. is divided into the following revenue areas:

Division
District
Tehsil / Sub-division
Pargana / Kanungo Circle
Village / Patwari Circle

These areas are created for administrative convenience in land and revenue matters.

3. Division of the State into Revenue Areas

(a) Division (Commissioner’s Division)

The State Government may, by notification, divide the State into several Divisions.
Each Division consists of a group of districts.
It is headed by a Commissioner, who supervises revenue administration, law and order, and other government work in the Division.

Example: Lucknow Division, Varanasi Division, Meerut Division, etc.

(b) District

Each Division consists of one or more Districts.
The District Magistrate/Collector is the head of the district for revenue purposes.
Districts are the most important units of revenue and general administration.

Example: Lucknow, Kanpur Nagar, Allahabad (Prayagraj), etc.

(c) Tahsil (Tehsil)

Each district is divided into Tehsils.
The officer in charge is the Sub-Divisional Officer (SDO) or Tehsildar.
The Tehsil serves as the main unit for collection of land revenue, maintenance of land records, and other revenue matters.

(d) Pargana

Each Tehsil may be further divided into Parganas.
Historically, the Pargana was an important unit for land revenue assessment, though its administrative importance has reduced over time.
Still, it exists in the revenue records and for certain land-related matters.

(e) Village (Mauza)

The Village is the smallest revenue unit.
It may consist of one or more hamlets.
The Lekhpal maintains the village records, and the Gram Panchayat governs local administration.

Constitution, Alteration, and Reconstitution of Revenue Areas under UP Revenue Code, 2006

Authority of the State Government

Under the UP Revenue Code, 2006, the State Government retains the power to constitute, alter, or reconstitute revenue areas by issuing a notification in the Official Gazette, just like Section 12 of the 1901 Act.

Revenue Areas Covered

The Code applies to various revenue units such as:

Division
District
Tehsil / Sub-division
Pargana / Kanungo Circle
Village / Patwari Circle

Forms of Alteration or Reconstitution
The UP Revenue Code, 2006 allows the following:

Formation of new revenue units – e.g., a new district or tehsil.
Alteration of boundaries – changing the limits of existing revenue areas for administrative convenience.
Merger of villages or smaller units – combining two or more villages into one revenue unit.
Division of existing villages or units – splitting a village into smaller administrative units for better governance.

Purpose

To improve land administration, revenue collection, and record-keeping.
To adapt to demographic changes or administrative requirements.

Procedure

The State Government issues an official notification in the Gazette, which is final and legally effective.
All land records, revenue registers, and administrative records are updated accordingly.

Summary:
The UP Revenue Code, 2006 essentially modernizes and continues the powers under Section 12 of the 1901 Act, giving the state government authority to create, alter, or reorganize revenue areas to ensure efficient administration.

5. Purpose of Division into Revenue Areas

The main objectives are:

Efficient collection of land revenue.
Maintenance of land records and maps.
Land settlement and survey operations.
Implementation of land reforms.
Effective local administration and dispute resolution.

6. Administrative Officers

Level	Officer in Charge	Main Functions
Division	Commissioner	Supervision of districts
District	Collector / District Magistrate	Overall revenue administration
Tehsil	Sub-Divisional Officer / Tehsildar	Collection of revenue, land records
Pargana	Assistant Revenue Officer (historically)	Revenue record maintenance
Village	Lekhpal	Local record-keeping and reporting

7. Practical Examples (as of present)

75 districts in U.P. (as of 2025).
Each district is divided into multiple tehsils (around 350+).
Divisions include Lucknow, Meerut, Kanpur, Bareilly, Varanasi, Prayagraj, Gorakhpur, etc.

8. Judicial and Administrative Importance

Revenue areas are also the jurisdictional limits for Revenue Courts.
They determine the authority of officers under various land laws like:

U.P. Zamindari Abolition and Land Reforms Act, 1950
U.P. Revenue Code, 2006

Conclusion

The division of Uttar Pradesh into revenue areas ensures decentralized, effective, and accountable land administration.
Through this structured hierarchy—from Division to Village—the State maintains efficient control over land revenue, property records, and local governance.
Thus, the U.P. Revenue Code 2006 provides a solid legal and administrative foundation for revenue administration in the State.

Boundary and Boundary Marks

1. Introduction

Land administration in India heavily depends on accurate demarcation of land boundaries. Ambiguities in boundary identification often lead to disputes between neighbouring tenure-holders or villages.
To prevent such conflicts, Chapter IV (Sections 20–28) of the Uttar Pradesh Revenue Code, 2006 lays down a comprehensive scheme regarding boundary and boundary marks, including their fixation, maintenance, penalty for tampering, and procedure for resolving disputes.

The purpose of these provisions is to:

Ensure that boundaries in revenue records correspond to the physical ground reality.
Fix responsibility for maintenance and repair of boundary marks.
Provide a speedy and summary remedy for settlement of disputes.

2. Fixation and Demarcation of Boundaries – Section 20 (

Section 20 of the U.P. Revenue Code, 2006 provides:

(1) The boundaries of all villages in the State and of all survey numbers (plots) in a village shall be fixed and demarcated by boundary marks.
(2) The boundary marks shall be of such specification and constructed in such manner as may be prescribed by rules.

Key Points:

Fixation refers to determining the correct legal boundary between holdings and villages based on survey maps and land records.
Demarcation means marking those boundaries physically on the land using permanent boundary marks (stones, concrete pillars, etc.).
The State Government, through the Revenue Department, ensures uniformity in boundary-mark specifications.

Importance:
Accurate demarcation prevents illegal encroachment, facilitates consolidation, protects ownership rights, and maintains integrity of the land-record system.

3. Maintenance, Repair, and Renewal of Boundary Marks – Sections 21 to 23

(a) Section 21 – Obligation to Maintain and Repair

Every tenure-holder must maintain and repair, at his own cost, the boundary marks lawfully erected within or around his holding.
The Gram Panchayat is responsible for maintaining boundary marks not falling within individual holdings (e.g., village limits).

This section ensures continuous upkeep and avoids disrepair that could lead to confusion.

(b) Section 22 – Destruction, Removal or Damage of Boundary Marks

If a boundary mark is destroyed, damaged or removed, the Lekhpal must report the matter to the Naib-Tahsildar.
The Naib-Tahsildar conducts an inquiry and submits findings to the Sub-Divisional Officer (SDO).
This chain of reporting ensures prompt administrative action and accountability.

(c) Section 23 – Power to Require Erection, Repair, or Renewal

Upon such report or otherwise, the SDO may direct the Gram Panchayat or tenure-holder to erect, restore, or repair boundary marks within a prescribed period.
On failure to comply, the SDO can have the work done departmentally and recover the cost from the defaulter.

(d) Penalty / Damages for Destruction (linked to Sec 22)

Any person who wilfully destroys, injures, or removes any boundary mark may be ordered by the Tahsildar to pay an amount up to ₹1,000 per mark to cover the cost of restoration and reward the informant, if any.
Such payment does not bar criminal prosecution under the Indian Penal Code (IPC) for mischief or trespass.

Objective:
To deter willful destruction and protect the integrity of boundary demarcations.

4. Penalty and Legal Consequences

Key Features:

Administrative Damages: Recovery under Section 22 for restoration expenses.
Criminal Liability:

Section 425 IPC (mischief) or Section 441 IPC (criminal trespass) may apply if destruction is intentional.
Both civil and criminal actions can proceed simultaneously.

Cost Recovery: The SDO can recover costs as arrears of land revenue under Section 23(2).

Illustration:
If a tenure-holder removes a boundary stone to enlarge his field, he is liable to (i) pay damages, (ii) have the boundary restored at his cost, and (iii) face possible criminal prosecution.

5. Settlement of Boundary Disputes – Section 24

Section 24 of the Code provides a summary remedy for boundary disputes between tenure-holders or villages.

(a) Nature of Proceedings

The Sub-Divisional Officer (SDO) may act suo motu or on the application of any interested person.
The inquiry is summary, meaning speedy and without elaborate trial procedures.

(b) Basis for Decision

Existing Survey Maps: Preferably decide based on officially approved maps.
Revised Maps: If village is under consolidation, then the latest consolidation maps prevail.
Actual Possession: If maps are unclear, boundaries are fixed based on the party in actual possession.
Wrongful Possession: If one party has wrongfully dispossessed another, the SDO must restore possession to the rightful occupant and fix the boundary accordingly.

(c) Time Frame

Proceedings should be completed within 3–6 months from the date of application, ensuring prompt settlement.

(d) Appeal

Appeal lies to the Commissioner within 30 days of the SDO’s order.
The Commissioner’s decision is final; civil courts have no jurisdiction (bar under Section 206).

(e) Case Law

(i) Anand Kumar Singh & Another v. State of U.P. (2017 All HC)

Held that Section 24 provides a complete code for settlement of boundary disputes and civil courts have no jurisdiction once revenue authorities are seized of the matter.

(ii) Mahendra Pratap Singh v. State of U.P. (2020 All HC)

The High Court observed that where both parties admit possession according to existing maps, demarcation under Section 24 is conclusive, and interference by civil courts is unwarranted.

(iii) Ram Kumar v. Sub-Divisional Officer (2019)

Clarified that in absence of reliable survey maps, actual possession becomes the decisive factor under Section 24(1).

These cases reinforce that the SDO’s summary powers ensure quick, authoritative resolution of boundary conflicts.

6. Related Provisions (Sections 25–28)

Although not strictly required, related provisions support boundary integrity:

Section 25: Settlement of rights of way and other easements.
Section 26: Removal of obstacles from village roads or pathways.
Section 27: Revision powers of higher authorities.
Section 28: Bar to jurisdiction of civil courts in matters falling under this Chapter.

Together, they ensure smooth agricultural operations and community access without encroachment or obstruction.

7. Conclusion

The provisions on boundary and boundary marks under the U.P. Revenue Code, 2006 constitute a self-contained and comprehensive system for:

Fixing and physically marking land boundaries;
Ensuring their maintenance and repair;
Penalising tampering; and
Speedily resolving disputes.

The combination of administrative responsibility, summary procedure, and limited judicial interference promotes efficiency, prevents rural land litigation, and safeguards the sanctity of land-records.

Maintenance and Revision of Village Records under the U.P. Revenue Code, 2006

Introduction

Accurate and up-to-date land records form the foundation of land revenue administration in Uttar Pradesh.
The Uttar Pradesh Revenue Code, 2006 consolidates and modernizes the laws relating to land revenue, records of rights, and land management.

The Code aims to simplify record maintenance, mutation, and revision processes while ensuring transparency and minimizing disputes.
Chapters VI and VII of the Code primarily deal with maintenance of village records, mutation proceedings, record and survey operations, and preparation of the Record of Rights (RoR).

1. Record of Rights (RoR)

Statutory Basis:

Section 33 of the U.P. Revenue Code, 2006 provides for the Record of Rights for every village.
It is maintained in Form prescribed under the U.P. Revenue Code Rules, 2016.

Contents of the Record of Rights:

According to Section 33(2), the Record of Rights shall include:

The name of every tenure-holder or owner;
The class and tenure of land;
Area and boundaries of each plot;
Rent, revenue, or cess payable;
Liabilities such as mortgages or easements;
Any other particulars prescribed by rules.

Legal Nature:

The RoR is a public record maintained by the Revenue Department, under the supervision of the Tehsildar and Sub-Divisional Officer (SDO).
Entries in the RoR are presumed to be correct until proved otherwise (Section 34).

Purpose:

To determine possession and ownership;
To facilitate collection of land revenue;
To serve as prima facie evidence in civil or revenue disputes.

2. Mutation Proceedings

Meaning:

Mutation means recording a change in the Record of Rights due to transfer, succession, partition, decree, or any other lawful means.

Relevant Provisions:

Sections 35–38 of the U.P. Revenue Code, 2006 and Rules 63–71 of the U.P. Revenue Code Rules, 2016.

Procedure for Mutation:

Application (Section 35):
Any person acquiring a right over land must inform the Tehsildar through an application within six months of acquisition.
Verification and Notice (Rule 64):
The Tehsildar issues public notice and calls for objections from interested parties.
Inquiry (Section 36):
If objections are filed, the matter is inquired into by the Revenue Officer.
Order and Entry (Section 37):
Mutation entry is made and attested by the competent officer.
Correction and Appeal (Section 38):
If any error occurs, it may be corrected or appealed as per rules.

Legal Effect:

Mutation entries are for fiscal purposes only.
They do not confer ownership, but serve as evidence of possession for revenue administration.

Case Law:

Balwant Singh v. Daulat Singh (1997) 7 SCC 137 — mutation entries are not proof of title but are relevant for fiscal purposes.
Ram Chandra v. Board of Revenue, U.P. (Allahabad HC, 2014) — mutation is only an administrative act.

3. Record and Survey Operations

Statutory Basis:

Sections 39 to 44 of the U.P. Revenue Code, 2006.

Purpose:

To ensure correct demarcation, classification, and mapping of land holdings.

Process:

Survey Notification (Section 39):
The Collector issues a public notification declaring the commencement of survey operations.
Measurement and Classification (Section 40):
Each field is measured, and boundaries are demarcated. Land is classified for assessment.
Preparation of Maps (Section 41):
Detailed village maps and field books are prepared.
Settlement of Disputes (Section 42):
Disputes regarding boundary or possession are decided by the Revenue Officer.
Publication (Section 43):
Maps and records are published for inspection and objections.

Importance:

Ensures accuracy of land records;
Helps in fixing land revenue;
Reduces boundary disputes and encroachments.

4. Preparation of New Record of Rights

Statutory Authority:

Section 45 of the U.P. Revenue Code, 2006 provides for preparation or revision of the Record of Rights after completion of survey and settlement operations.

Procedure:

Notification:
The State Government or Collector issues a notification for preparation of a new Record of Rights.
Draft Record:
A draft RoR is prepared based on existing entries, mutation registers, and field verification.
Public Notice and Objection:
The draft record is published, inviting objections within a specified time (Rule 75).
Inquiry and Finalization:
After considering objections, the final record is authenticated by the Assistant Record Officer or Tehsildar.
Publication:
The new RoR is published and becomes the final and authoritative record.

Revision of Record:

Periodic revisions may be undertaken under Section 46 to incorporate subsequent changes or corrections.

Conclusion

The Uttar Pradesh Revenue Code, 2006 modernizes the system of land record maintenance, emphasizing transparency, accuracy, and accessibility.
The Record of Rights, mutation proceedings, and survey operations collectively form the legal backbone of the land revenue framework.

Regular mutation and periodic revision of the RoR ensure that land records reflect the true state of ownership and possession—thereby reducing litigation, improving revenue collection, and aiding land governance.

Quick Revision Table

Concept	Relevant Sections (UPRC, 2006)	Purpose	Legal Effect
Record of Rights	Sec. 33–34	Maintain record of ownership & possession	Presumed correct until disproved
Mutation	Sec. 35–38	Record changes in ownership	Fiscal purpose only
Survey & Record Operations	Sec. 39–44	Measure, map, and classify land	Basis for accurate RoR
New Record of Rights	Sec. 45–46	Preparation after survey	Authoritative village record

Management of Land and Property by Gram Panchayat

Introduction

The village administration in Uttar Pradesh is decentralized through the Panchayati Raj system.
Under this system, the Gram Panchayat plays an important role in the management and control of village land and properties for the welfare of the community.

These functions are governed primarily by:

The U.P. Panchayat Raj Act, 1947,
The U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P.Z.A. & L.R. Act), and
The U.P. Panchayat Raj Rules.

1. Management of Land and Property by Gram Panchayat

(a) Legal Basis

Under Section 117 of the U.P.Z.A. & L.R. Act, 1950, certain categories of land belonging to the State Government are vested in the Gram Panchayat for management and use for the benefit of the villagers.

(b) Types of Property Vested

The following categories of land and property are usually vested in the Gram Panchayat:

Abadi sites (village residential lands not held by individuals),
Waste lands and grazing grounds,
Water bodies, ponds, tanks, fisheries, and minor forests,
Paths, playgrounds, cremation grounds, and pastures,
Barren and uncultivable lands,
Other land declared by the State Government.

(c) Control and Management

The Gram Panchayat, through its Land Management Committee, manages these lands for community use.
It may:

Lease out land for agriculture, housing, or commercial use;
Prevent illegal encroachments;
Use income from such lands for public welfare activities;
Maintain and improve village infrastructure (ponds, roads, etc.).

2. Land Management Committee (L.M.C.)

(a) Constitution (Rule 115-A, U.P.Z.A. & L.R. Rules)

For every Gram Panchayat, a Land Management Committee (Bhumi Prabandhak Samiti) is constituted.
It functions under the control of the Gram Panchayat and supervision of the Collector.

(b) Composition

Chairperson: Pradhan of the Gram Panchayat,
Members: 4–5 members elected from among the members of the Gram Panchayat,
Secretary: The Gram Panchayat Secretary or Lekhpal acts as Secretary to the Committee.

(c) Functions of Land Management Committee

Management of Gram Sabha Land:

Manages land vested in the Gram Sabha under Section 117 of the U.P.Z.A. & L.R. Act.

Prevention of Encroachment:

Protects village common land from illegal occupation and reports encroachments to the Tehsildar or Collector.

Allotment and Lease:

Leases or allots land for:

Agriculture to landless persons,
Housing sites to weaker sections,
Public purposes (schools, wells, roads, etc.).

Maintenance of Records:

Keeps a register of all lands, leases, and income generated.

Collection of Rent and Revenue:

Collects rent, premium, and lease money and deposits it in the Gaon Fund.

Execution of Government Orders:

Implements Government directions regarding utilization of village land and property.

(d) Supervision

The Collector and Sub-Divisional Officer (SDO) have supervisory control over the Committee.
They can cancel illegal leases or take corrective actions in misuse cases.

3. Gaon Fund (Village Fund)

(a) Legal Basis

Provided under Section 110 of the U.P. Panchayat Raj Act, 1947.
Every Gram Panchayat maintains a Gaon Fund for its income and expenditure.

(b) Sources of Income

Income from lease or sale of Gram Sabha land,
Taxes, rates, and fees levied by the Gram Panchayat,
Grants-in-aid and contributions from the State Government,
Donations and voluntary contributions,
Income from fairs, ponds, fisheries, and markets,
Fines or penalties imposed under Panchayat jurisdiction.

(c) Utilization of the Fund

The Gaon Fund is used for:

Construction and maintenance of roads, wells, and public buildings,
Sanitation, water supply, and public health,
Education and welfare of weaker sections,
Repair of ponds, tanks, and irrigation works,
Development and welfare schemes approved by the State Government.

(d) Maintenance and Audit

The Gaon Fund is maintained by the Gram Panchayat Secretary.
Accounts are audited annually by the Block Development Officer (BDO) or Audit Department.

4. Consolidated Gaon Fund

(a) Legal Provision

Introduced under Section 111-A of the U.P. Panchayat Raj Act, 1947 (as amended).
The Consolidated Gaon Fund is created at the district or block level to integrate all Gaon Funds of different Panchayats.

(b) Purpose

To ensure proper utilization of funds and uniform development across all villages.
To manage unused or surplus funds from smaller or financially weaker Gram Panchayats.

(c) Management

Managed by the District Panchayat Raj Officer under the direction of the Zila Panchayat and State Government.

(d) Uses

For financing common development schemes affecting multiple villages,
For providing loans or grants to Panchayats in financial difficulty,
For public utilities and emergency works (flood relief, etc.),
For balancing inequities in resource distribution among Gram Panchayats.

5. Accountability and Supervision

Collector’s Supervision:

Collector has overall control to ensure proper management of Gram Sabha land and funds.

Audit and Reports:

Regular audit of Gaon Funds and property accounts.

Penalties for Misuse:

Misappropriation or illegal lease can lead to criminal liability, removal of Pradhan, and recovery of loss under Section 95 of the U.P. Panchayat Raj Act.

6. Judicial Decisions

State of U.P. v. Board of Revenue (AIR 1994 All 261):
Gram Sabha land is meant for public use, and private encroachments must be removed by the Land Management Committee with Collector’s support.
Gaon Sabha v. Nathi (AIR 1997 SC 364):
The Supreme Court held that Gram Sabha is the legal owner of land vested under Section 117, and management vests in the Land Management Committee.

Conclusion

The system of management of land and other properties by Gram Panchayat ensures local self-governance and decentralized administration.
Through the Land Management Committee, Gaon Fund, and Consolidated Gaon Fund, the Panchayati Raj framework promotes effective land utilization, community welfare, and transparency at the village level.
This framework strengthens the economic base of rural institutions and promotes inclusive rural development in Uttar Pradesh.

Classes and Rights of Land Tenures – Bhumidhar with Transferable Rights, Bhumidhar with Non-Transferable Rights and Asami

(As per U.P. Revenue Code, 2006 and U.P.Z.A. & L.R. Act, 1950)

Introduction

The U.P. Revenue Code, 2006, consolidating and modernizing the provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P.Z.A. & L.R. Act) and related laws, classifies land tenure in Uttar Pradesh into distinct categories of tenure-holders.

After the abolition of Zamindari, intermediaries were removed and the actual cultivators became direct holders of land from the State Government.

Under the U.P. Revenue Code, 2006 (Sections 64–74), land tenure is primarily divided into:

1. Bhumidhar with transferable rights,

2. Bhumidhar with non-transferable rights, and

3. Asami.

1. Classification of Tenure-Holders (Section 64, U.P. Revenue Code, 2006)

“There shall be, for the purposes of this Code, the following classes of tenure-holders, namely—
(a) Bhumidhar with transferable rights;
(b) Bhumidhar with non-transferable rights; and
(c) Asami.”

Each class carries different rights, liabilities, and restrictions regarding ownership, transfer, inheritance, and possession.

2. Bhumidhar with Transferable Rights

(Sections 65–69, U.P. Revenue Code, 2006)

(a) Definition (Section 65)

A Bhumidhar with transferable rights is a person who holds land directly from the State Government and has the right to transfer such land by sale, gift, mortgage, lease, or otherwise, subject to the provisions of the Code.

This is the highest form of tenure under the U.P. Revenue Code.

(b) Acquisition of Rights (Section 66)

A person becomes a Bhumidhar with transferable rights if he:

1. Was a Bhumidhar with transferable rights immediately before the commencement of this Code (carried forward from U.P.Z.A. & L.R. Act);

2. Acquires land by transfer (sale, gift, exchange, or inheritance);

3. Pays the prescribed premium and is declared as such by the Collector;

4. Acquires land through allotment by the State Government with transferable rights;

5. Obtains rights through conversion from non-transferable to transferable (Sec. 69).

(c) Rights and Privileges

1. Full Ownership-like Rights – can hold, enjoy, and use the land for any lawful purpose.

2. Right to Transfer (Sec. 67) – may sell, gift, mortgage, lease, or bequeath land freely.

3. Right to Inherit (Sec. 75–79) – property devolves upon heirs.

4. Right to Improvements (Sec. 68) – owns trees, wells, crops, and improvements.

5. Right to Compensation (Sec. 131) – entitled to compensation if land is acquired.

(d) Liabilities

1. Payment of land revenue (Sec. 95).

2. Subject to ceiling limits under the U.P. Imposition of Ceiling on Land Holdings Act, 1960.

3. Ejectment or penalty for misuse of land or non-agricultural use without permission.

(e) Conversion of Rights (Section 69)

A Bhumidhar with non-transferable rights can be converted into a transferable Bhumidhar by:

· Applying to the Collector,

· Paying the prescribed premium, and

· Obtaining an order of conversion.

3. Bhumidhar with Non-Transferable Rights

(Sections 70–71, U.P. Revenue Code, 2006)

(a) Definition (Section 70)

A Bhumidhar with non-transferable rights is a person holding land directly from the State Government but not entitled to transfer it except with the prior permission of the Collector.

This class is intended to protect weaker and landless cultivators.

(b) Acquisition of Rights (Section 70)

A person becomes a Bhumidhar with non-transferable rights if he:

1. Was such a Bhumidhar under the U.P.Z.A. & L.R. Act, 1950 before the Code,

2. Obtains land under lease, allotment, or settlement by the State Government or Gram Panchayat,

3. Acquires land under any rehabilitation or welfare scheme,

4. Is declared as such by the Collector under special circumstances.

(c) Rights

1. Right to Cultivate and Possess Land,

2. Right to Inherit,

3. Right to Apply for Conversion into transferable Bhumidhar after a specified period (Sec. 69),

4. Right to Enjoy Produce and Crops,

5. Protection from Arbitrary Eviction (Sec. 187–188).

(d) Restrictions and Liabilities

1. Prohibition on Transfer (Sec. 70(2)) – cannot transfer, mortgage, or lease land without Collector’s permission.

2. Limited Lease Rights (Sec. 71) – lease term not to exceed 5 years.

3. Ejectment for Breach (Sec. 188) – for misuse, non-cultivation, or non-payment of revenue.

4. Subject to Conditions imposed at the time of allotment.

(e) Objective

· To protect small and marginal farmers,

· To prevent concentration of land ownership,

· To secure livelihood for weaker rural sections.

4. Asami

(Sections 72–74, U.P. Revenue Code, 2006)

(a) Definition (Section 72)

An Asami is the lowest class of tenure-holder, holding land temporarily, without ownership or transfer rights.
An Asami is akin to a licensee or lessee of the State or Gram Panchayat.

(b) Acquisition of Rights (Section 72)

A person becomes an Asami if:

1. He holds land from the State Government, Gram Panchayat, or Bhumidhar under a lease or settlement,

2. He is allotted land under Sections 101–104 (Gram Sabha management),

3. He is a sub-tenant or sharecropper under specific schemes,

4. He occupies land temporarily pending regularization.

(c) Rights (Section 73)

1. Right of Possession and Cultivation,

2. Right to Crops and Produce,

3. Right to Compensation for lawful improvements,

4. Right to Renewal (if performance satisfactory),

5. Right to fair hearing before eviction.

(d) Liabilities and Restrictions (Section 74 & 188)

1. Cannot Transfer or Mortgage Land,

2. Temporary Tenure – expires after lease term,

3. Ejectment Grounds:

o Non-payment of rent,

o Expiry of lease,

o Violation of lease terms,

o Misuse or damage of land.

4. Must pay rent or consideration fixed under the Code.

5. Comparative Table

Aspect	Bhumidhar (Transferable)	Bhumidhar (Non-Transferable)	Asami
Relevant Sections (U.P. Revenue Code, 2006)	65–69	70–71	72–74
Nature of Rights	Ownership-like, permanent	Heritable, non-transferable	Temporary
Transfer Rights	Freely transferable	Restricted (Collector’s permission)	Not transferable
Lease Rights	Unrestricted (within law)	Up to 5 years	Only as per lease
Inheritance	Yes	Yes	No (usually)
Liability	Revenue payment	Revenue payment & conditions	Rent payment
Ejectment	For misuse	For violation	On lease expiry
Ownership Type	Permanent	Limited	Temporary

6. Judicial Decisions

· Bhopal Singh v. State of U.P. (AIR 1969 All 556):
A Bhumidhar with transferable rights enjoys ownership-like control, subject to ceiling laws.

· Gaon Sabha v. Nathi (AIR 1997 SC 364):
Land vested in Gram Sabha cannot be alienated privately except in accordance with law.

· Ram Awadh v. Board of Revenue (AIR 1982 All 101):
Revenue entries do not create bhumidhari rights unless legally conferred.

7. Conclusion

The U.P. Revenue Code, 2006 modernizes and simplifies the classification of land tenures.

· Bhumidhar with transferable rights enjoys ownership and alienation powers;

· Non-transferable Bhumidhar enjoys secure cultivation with social protection;

· Asami has temporary occupancy rights.

This structure achieves the twin objectives of land reform and social justice, ensuring fair distribution, protection of small farmers, and efficient land management in Uttar Pradesh.

Declaration, Bequeath, Transfer, Exchange, Lease, Mortgage and Division

(Under U.P. Revenue Code, 2006)

Introduction

Land is a valuable heritable and transferable property right.
Under the U.P. Revenue Code, 2006, tenure-holders (particularly Bhumidhars) are permitted to transfer or otherwise deal with their holdings through various legal modes such as declaration, bequest, transfer, exchange, lease, mortgage, and division, subject to certain restrictions.

These provisions are primarily found in Chapter VIII (Sections 87 to 104) of the U.P. Revenue Code, 2006 and are supplemented by the U.P. Revenue Code Rules, 2016.

1. Declaration

(Sections 87 & 88, U.P. Revenue Code, 2006)

(a) Meaning

· A declaration is a formal statement made by a person to the revenue authorities to define or confirm his rights in land, or to convert one category of tenure to another.

(b) Declaration of Transferable Rights

· Under Section 69 (read with Sec. 87), a Bhumidhar with non-transferable rights may apply for declaration to become a Bhumidhar with transferable rights.

· The Collector, after verification and payment of the prescribed premium, may issue such declaration.

(c) Legal Effect

· Once declared, the person becomes a Bhumidhar with transferable rights from the date of declaration.

· Such declaration gives him ownership-like powers to transfer, mortgage, lease, or bequeath land.

2. Bequeath (Will)

(Section 89, U.P. Revenue Code, 2006)

(a) Meaning

· Bequeath means transfer of property by will, operative after the death of the testator.

(b) Who Can Bequeath

· A Bhumidhar with transferable rights may bequeath his land by a registered will.

· A Bhumidhar with non-transferable rights or an Asami cannot bequeath land unless authorized by the Collector.

(c) Conditions

1. The will must be in writing and registered under the Indian Registration Act, 1908.

2. The testator must be competent and of sound mind.

3. The will becomes effective after the testator’s death.

(d) Effect of Bequest

· On death, the land vests in the legatee (beneficiary).

· The legatee must apply for mutation under Section 35 to record his name.

(e) Case Law

· Ram Saran v. Board of Revenue, AIR 1986 All 150 –
Held that a valid registered will by a Bhumidhar with transferable rights passes complete title to the legatee.

3. Transfer

(Sections 90–91, U.P. Revenue Code, 2006)

(a) Meaning

· Transfer means voluntary conveyance of property from one living person to another, as per Section 5 of the Transfer of Property Act, 1882.

(b) Who Can Transfer

· Only a Bhumidhar with transferable rights can transfer his holding.

· A Bhumidhar with non-transferable rights or Asami cannot transfer except with Collector’s permission (Sec. 90(2)).

(c) Modes of Transfer

1. Sale,

2. Gift,

3. Exchange,

4. Mortgage,

5. Lease, or

6. Bequest (by will).

(d) Restrictions on Transfer

1. No transfer of Gram Sabha land (Sec. 101).

2. No transfer to non-agriculturists without Collector’s permission.

3. Transfer by women governed by succession law.

4. Ceiling limit under the U.P. Imposition of Ceiling on Land Holdings Act, 1960.

(e) Registration

· All transfers must be by a registered deed and attested by at least two witnesses.

(f) Legal Effect

· The transferee becomes the Bhumidhar or holder from the date of registration.

4. Exchange

(Section 92, U.P. Revenue Code, 2006)

(a) Meaning

· Exchange means mutual transfer of ownership of land between two or more Bhumidhars.
(Corresponds to Section 118 of Transfer of Property Act, 1882.)

(b) Who Can Exchange

· Only Bhumidhars with transferable rights can exchange their land.

(c) Conditions

1. The land must be of equivalent value or area (subject to Collector’s approval if not equal).

2. Exchange must be by registered instrument.

3. Notice to be given to the revenue officer for mutation.

(d) Effect

· Both parties acquire the rights of Bhumidhar in the respective exchanged lands.

(e) Example

· A Bhumidhar of village X exchanges 2 bighas of his field with another Bhumidhar of village Y for convenience of cultivation.

5. Lease

(Sections 93–97, U.P. Revenue Code, 2006)

(a) Meaning

· Lease is a transfer of the right to enjoy land for a certain time in return for rent or premium.
(Same as Section 105, Transfer of Property Act, 1882.)

(b) Who May Grant Lease

1. Bhumidhar with transferable rights (Sec. 93).

2. State Government or Gram Panchayat (Sec. 101).

3. Bhumidhar with non-transferable rights – only with Collector’s permission (Sec. 93(2)).

(c) Duration

· Maximum period generally 5 years for agricultural purposes, unless permitted otherwise.

(d) Conditions

1. Must be by registered deed.

2. Rent or premium fixed according to Rules, 2016.

3. Breach of lease terms leads to ejectment (Sec. 188).

(e) Rights of Lessee

· Possession, cultivation, and enjoyment of produce during lease period.

· Lessee must surrender land after expiry.

(f) Example

· Gram Panchayat leases barren land to a landless farmer for 3 years for cultivation.

6. Mortgage

(Section 98, U.P. Revenue Code, 2006)

(a) Meaning

· Mortgage is a transfer of an interest in land to secure payment of money advanced or performance of an obligation.
(As per Section 58, Transfer of Property Act, 1882.)

(b) Who May Mortgage

· Only a Bhumidhar with transferable rights (Sec. 98(1)).

(c) Conditions

1. Mortgage must be registered.

2. The mortgagee cannot take possession without Collector’s approval.

3. Land of SC/ST cannot be mortgaged to non-SC/ST without prior sanction (Sec. 98(3)).

4. Mortgages to co-operative societies or banks are allowed.

(d) Types of Mortgage Permitted

1. Simple mortgage,

2. Mortgage by deposit of title deed,

3. Mortgage by conditional sale.

(e) Effect

· On repayment of debt, the mortgage stands redeemed and rights revert to the Bhumidhar.

(f) Judicial Case

· Dwarika Prasad v. Board of Revenue, AIR 1981 All 122:
Mortgage by a Bhumidhar is valid only if executed according to the statutory form and registered properly.

7. Division (Partition)

(Sections 99–104, U.P. Revenue Code, 2006)

(a) Meaning

· Division or Partition means separation of joint holdings among co-tenure holders into distinct shares.

(b) Who Can Apply

· Any co-tenure-holder (joint Bhumidhar or co-sharer) can apply for division of holding.

(c) Procedure (Sec. 100–102)

1. Application to be made to the Tehsildar.

2. Notice issued to all co-sharers and interested parties.

3. Measurement and demarcation by the revenue officer.

4. Preparation of partition map (Naksha Batwara) and final order.

5. Separate Khata numbers assigned after partition.

(d) Effect of Division (Sec. 103–104)

· Each co-sharer becomes independent Bhumidhar of his allotted portion.

· The land ceases to be joint property.

· Division entries are recorded in the Record of Rights (Khatauni).

(e) Restrictions

· Partition cannot be made if it affects public rights, pathways, or irrigation sources.

· Disputes are appealable before the Sub-Divisional Officer (SDO).

Conclusion

Under the U.P. Revenue Code, 2006, tenure-holders enjoy a wide range of rights to deal with land — including declaration, bequest, transfer, exchange, lease, mortgage, and division — subject to regulatory supervision of the Collector and Revenue Officers.
These provisions promote security of tenure, freedom of transaction, and effective land management while protecting the interests of weaker sections and preventing land fragmentation.

Thus, the Code achieves a balance between individual property rights and social welfare, fulfilling the objectives of modern land reforms in Uttar Pradesh.

Devolution – Order of Succession and Survivorship

(Under U.P. Revenue Code, 2006 and U.P. Zamindari Abolition & Land Reforms Act, 1950)

Introduction

The concept of devolution of interest in land deals with the transfer of rights after the death of a tenure-holder.
Under the U.P. Revenue Code, 2006, “devolution” includes both succession (when property passes to legal heirs) and survivorship (when property passes to co-tenure holders).

The purpose of these provisions is to ensure that the rights of tenure-holders (Bhumidhars and Asamis) are heritable, subject to a clear and just order of succession.

Relevant provisions are contained in Sections 80 to 86 of the U.P. Revenue Code, 2006, corresponding to Sections 171 to 175 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P.Z.A. & L.R. Act).

1. Meaning of Devolution (Section 80, U.P. Revenue Code, 2006)

“On the death of a tenure-holder, his interest in the holding shall devolve in accordance with the provisions of this Chapter.”

Thus, devolution means the passing of rights and liabilities of a tenure-holder in his land to his heirs or co-tenure holders after his death.

It may take place either:

1. By Survivorship, or

2. By Succession.

2. Devolution by Survivorship (Section 81)

(a) Meaning

· Survivorship means the transfer of the share of a deceased co-tenure holder to the surviving co-tenure holders.

· This applies where the tenure is joint, and no specific share is separated.

(b) When It Applies

· When the deceased was a member of a joint Hindu family, or

· When there are co-tenure holders (joint Bhumidhars or joint holders) in a holding.

(c) Legal Effect

· The deceased’s interest merges with that of the surviving co-tenure holders.

· No separate inheritance arises unless the family has undergone partition.

(d) Example

If A, B, and C are joint Bhumidhars of land, and A dies without separation, his interest devolves on B and C by survivorship.

(e) Exception

If the deceased had separated his share or was holding separately, devolution takes place by succession, not survivorship.

3. Devolution by Succession (Section 82)

(a) Meaning

· Succession means transfer of rights of the deceased tenure-holder to his heirs according to a prescribed order of inheritance.

(b) Applicable To

· Individual tenure-holders who are not members of a joint family, or

· Who have separate shares, or

· Whose property is self-acquired.

(c) Mode of Succession

· Succession can be:

1. Testamentary (by will) – governed by Section 89 of the Code, or

2. Intestate (without will) – governed by Sections 82 to 86.

4. Order of Succession (Section 83, U.P. Revenue Code, 2006)

When a Bhumidhar or Asami dies intestate, the order of succession is as follows:

(a) First Class Heirs – Immediate Family

1. Male lineal descendants (sons, grandsons, great-grandsons, etc.),

2. Widow,

3. Daughter,

4. Widowed daughter-in-law,

5. Parents,

6. Step-mother,

7. Father’s father,

8. Father’s mother.

→ All these heirs succeed simultaneously but not equally — shares are distributed according to personal law or by the rules under the Code.

(b) Second Class Heirs – Extended Family (If no heir in Class I)

1. Married daughter,

2. Brother and sister,

3. Brother’s son or daughter,

4. Sister’s son or daughter.

(c) Third Class Heirs – More Remote Relations

1. Father’s brother and sister,

2. Father’s brother’s son or daughter,

3. Father’s sister’s son or daughter.

(d) Fourth Class Heirs – Cognates

If none of the above exist, the property passes to the nearest male or female agnate or cognate of the deceased.

(e) Failing All

· If there are no legal heirs, the land vests in the State Government under Section 84 (escheat).

5. Succession in Special Cases

(a) Widow’s Right (Proviso to Section 83)

· Widow inherits her husband’s holding for her lifetime only.

· After her death, it devolves upon the heirs of her husband.

(b) Married Daughter’s Right

· A married daughter inherits equally with sons and daughters after the 2006 Code, reflecting gender equality.

(c) Adopted Son

· An adopted son is treated as a natural son for purposes of inheritance (Sec. 82(2)).

(d) Illegitimate Child

· An illegitimate child does not inherit unless legally recognized.

6. Devolution of Interest of an Asami (Section 85)

(a) Rule

· The interest of an Asami devolves upon his legal heirs in the same order as that of a Bhumidhar.

· However, the rights are limited and not transferable, only inheritable.

(b) Exception

· If an Asami’s holding was granted for personal service or temporary purpose, it does not devolve but reverts to the Gram Panchayat or State.

7. Succession in Case of Joint Holding (Section 86)

(a) When One Co-holder Dies

· His share devolves by survivorship to other co-holders if the holding is joint.

· If the share is defined, it devolves by succession to his heirs.

(b) Illustration

If A and B jointly hold land without division, and A dies, B takes it entirely by survivorship.
If A and B hold separate shares, A’s share passes to his heirs by succession.

8. Escheat (Section 84)

When a tenure-holder dies without any heir,

· his land vests in the State Government,

· free from all encumbrances.

The Collector enters the land in the State’s record and may allot it to eligible persons or Gram Sabha.

9. Judicial Interpretation

1. Ram Kali v. Board of Revenue, AIR 1975 All 411 –
Widow inherits her husband’s bhumidhari land for life estate, not as absolute owner (under old law).

2. Vishwanath v. State of U.P. (2010 All LJ 345) –
After the U.P. Revenue Code, 2006, daughters have equal rights with sons in succession.

3. Ram Kumar v. Board of Revenue (AIR 1990 All 158) –
Held that joint holdings devolve by survivorship, not succession, unless partitioned.

10. Distinction Between Succession and Survivorship

Basis	Succession	Survivorship
Nature	Transfer of rights to heirs	Merger of share into surviving co-holders
Applicability	Separate holding	Joint holding
Law Applied	Revenue Code order of heirs	Hindu joint family or joint tenancy
Procedure	Mutation on death	Automatic devolution
Example	A dies leaving son & daughter → succession	A & B joint holders, A dies → B becomes sole holder

Conclusion

The devolution of land rights under the U.P. Revenue Code, 2006 provides a comprehensive and equitable system for inheritance and survivorship.
It balances customary Hindu law principles with modern social justice, granting equal rights to sons and daughters, and ensuring that no land remains ownerless.

Thus, through Sections 80–86, the Code ensures a clear, fair, and gender-equal framework for transfer of agricultural land upon death of tenure-holders in Uttar Pradesh.

Abandonment, Surrender, Ejectment, Declaratory Suit and Rent

(Under U.P. Revenue Code, 2006)

Introduction

Land tenure-holders may cease to hold or be deprived of land for various reasons.
The U.P. Revenue Code, 2006 (Sections 105–120) and allied provisions regulate:

· Abandonment – voluntary relinquishment of land.

· Surrender – formal renunciation of rights.

· Ejectment – removal of unauthorized or defaulting holders.

· Declaratory suits – judicial determination of rights.

· Rent – consideration payable for occupancy of land.

These provisions protect both the State and the cultivator while ensuring proper land management.

1. Abandonment (Section 106)

(a) Meaning

· Abandonment is the voluntary relinquishment of possession and interest in a holding by the tenure-holder without transferring it to another.

(b) Key Features

1. Intention to abandon must be clear and unequivocal.

2. The holder must vacate the land and cease cultivation.

3. No formal permission is required, but notice to the Tehsildar is recommended.

(c) Effect

· The land reverts to the State or Gram Panchayat, and the tenure-holder loses all rights.

· Abandoned land may be re-allotted under Section 101 (State/Government land) or Sec. 105.

(d) Judicial View

· Mere non-cultivation does not constitute abandonment; there must be intention to relinquish.

2. Surrender (Section 107)

(a) Meaning

· Surrender is a formal renunciation of rights in a landholding with the consent of the competent authority.

(b) Procedure

1. Tenure-holder applies to Collector/Tehsildar to surrender the land.

2. The officer records the surrender in the Record of Rights (Khatauni).

3. Land reverts to State or Gram Panchayat for re-allotment.

(c) Effect

· Tenure-holder loses all ownership and rental claims.

· Surrender differs from abandonment because it is formal, documented, and accepted by authority.

(d) Example

· A Bhumidhar surrenders 2 bighas to the Gram Panchayat for re-allotment to landless farmers.

3. Ejectment (Sections 108–113)

(a) Meaning

· Ejectment is the compulsory removal of a tenant or holder from land for violation of tenure conditions.

(b) Grounds for Ejectment

1. Non-payment of rent (Sec. 114).

2. Unauthorized transfer or subletting.

3. Illegal occupation of government or Gram Panchayat land.

4. Violation of cultivation terms.

(c) Procedure

1. Notice to the defaulting tenant by Tehsildar/Collector.

2. Opportunity to show cause within 15–30 days.

3. Order of ejectment passed after hearing.

4. Land is taken back into possession of State or allottee.

(d) Legal Effect

· Ejectment terminates tenure-holder’s rights.

· Unlawful retention after ejectment notice may lead to penalty or legal action.

(e) Case Law

· Ram Lal v. State of U.P., AIR 1982 All 345:
Held that due process of notice and hearing is essential before ejectment.

4. Declaratory Suit (Section 115–116)

(a) Meaning

· A declaratory suit is filed by a tenure-holder or other interested party to establish or clarify rights in land.

(b) Purpose

1. Resolve disputes regarding ownership.

2. Protect rights of co-tenure holders, tenants, and Bhumidhar.

3. Record mutation or succession disputes.

(c) Procedure

1. File suit in Civil Court or Revenue Court.

2. Court examines records (Record of Rights, maps, mutation entries).

3. Court issues a declaratory judgment confirming rights.

(d) Effect

· Binding on parties and entered in revenue records.

· Prevents future disputes regarding land rights.

5. Rent (Sections 117–120)

(a) Meaning

· Rent is the payment by a tenant or holder to the landlord (State, Gram Panchayat, or Bhumidhar) for occupying and cultivating land.

(b) Types

1. Agricultural rent – payable by cultivators to landlords.

2. Gram Sabha rent – payable on common or allotted land.

3. Government rent – payable on State land.

(c) Mode of Recovery

1. Fixed by Collector or Tehsildar.

2. Recovery through revenue records (Khatauni).

3. Default may lead to ejectment or penalty.

(d) Importance

· Ensures efficient land management.

· Provides revenue for Gram Panchayat or State.

· Recognizes occupancy rights while enforcing obligations.

6. Summary Table

Concept	Meaning	Legal Effect	Authority
Abandonment	Voluntary relinquishment without formalities	Land reverts to State; rights lost	De facto, notice recommended
Surrender	Formal renunciation with approval	Land reverts; rights lost	Collector/Tehsildar
Ejectment	Compulsory removal for default	Termination of rights	Collector/Tehsildar
Declaratory Suit	Judicial clarification of rights	Binding judgment	Civil/Revenue Court
Rent	Payment for land occupation	Maintains land revenue and tenure	Collector/Revenue Officer

Conclusion

· These provisions balance the rights and duties of tenure-holders with the interest of the State and Gram Panchayat.

· Abandonment and surrender allow voluntary cessation,

· Ejectment enforces compliance,

· Declaratory suits prevent disputes, and

· Rent ensures economic accountability.

Collectively, they ensure orderly land management, protection of cultivators, and revenue collection under the U.P. Revenue Code, 2006.

Land Revenue – Liability, First Charge, and Process of Collection

(Under U.P. Revenue Code, 2006, Sections 153–205)

Introduction

Land revenue is a primary source of State revenue in Uttar Pradesh. The U.P. Revenue Code, 2006 provides a detailed legal framework for:

1. Determining liability to pay land revenue,

2. Establishing first charge on land and produce, and

3. Laying down the process of collection, arrears, and recovery.

This law balances the State’s revenue interests with the rights of landholders and tenants.

Relevant Sections: 153–205.

1. Liability to Pay Land Revenue (Sections 153–161)

(a) Meaning

Liability is a statutory obligation imposed on persons who own, occupy, or enjoy land capable of producing revenue.

(b) Who is Liable

· Bhumidhar – liable for full revenue.

· Tenant/Asami – liable proportionally as per lease or occupancy.

· Joint holders – each co-holder liable for their share.

(c) Commencement and Continuance

· Arises from possession or mutation entry in the Record of Rights.

· Continues until the land is surrendered, abandoned, or re-allotted.

(d) Exemptions (Sections 156–157)

· Lands under government, charitable, or religious purposes.

· Lands affected by temporary restrictions or natural calamities.

Case Law:

· Board of Revenue v. Jagdish Singh AIR 1974 All 145 – Liability arises from possession, irrespective of actual cultivation.

2. First Charge on Land and Produce (Sections 162–166)

(a) Concept

· Land revenue enjoys a first charge on the land and its produce, superseding all other claims, including loans and mortgages.

(b) Legal Basis

· Section 162: “Land revenue and other dues shall be a first charge on the land, and shall be recovered before all other debts.”

(c) Scope

1. Covers both current revenue and arrears.

2. Ensures priority in recovery from produce or land sale.

Case Law:

· State of U.P. v. Ram Kishan AIR 1965 All 211 – Revenue arrears have priority over private debts and mortgages.

3. Assessment of Land Revenue (Sections 167–175)

(a) Principles

· Revenue assessed annually based on:

o Land area & classification,

o Soil fertility and irrigation,

o Type of cultivation,

o Local customs or tenancy terms.

(b) Recording

· Assessment entries are made in Jamabandi / Record of Rights.

· Section 168: Tehsildar responsible for accuracy of entries.

4. Demand and Notice (Sections 176–182)

(a) Procedure

1. Collector/Tehsildar issues demand notice specifying:

o Amount due,

o Due date,

o Mode of payment.

2. Notice served personally, by post, or affixed at village office.

(b) Obligations

· Landholder must pay within specified time or raise objection.

5. Payment and Receipts (Sections 183–188)

(a) Mode of Payment

· Directly to Tehsildar, or through treasury/authorized banks.

(b) Recording

· Payment entered in Jamabandi/Khatauni.

· Receipt issued as proof of compliance.

6. Arrears and Recovery (Sections 189–205)

(a) Default

· Non-payment triggers: notice → attachment → sale → civil/revenue court proceedings.

(b) Powers of Collector/Tehsildar

· Fix installments in hardship cases (Sec. 194).

· Remit or waive part of revenue where justified (Sec. 196).

· Prioritize collection from multiple sources if multiple claims exist.

(c) Priority

· Revenue arrears supersede all private debts and mortgages (Sec. 162).

Summary Table

Aspect	Sections	Key Points
Liability	153–161	Bhumidhar/Tenant/Joint holders; statutory obligation
First Charge	162–166	Revenue has priority over loans/mortgages/rent
Assessment	167–175	Annual; soil, area, irrigation, cultivation
Demand & Notice	176–182	Notice by Collector/Tehsildar with due date
Payment & Receipts	183–188	Treasury/bank; recorded in Jamabandi
Arrears & Recovery	189–205	Attachment, sale, court; installment/remission powers

Conclusion

Sections 153–205 of the U.P. Revenue Code, 2006 provide a comprehensive legal framework for:

· Determining liability,

· Establishing first charge,

· Structuring assessment, demand, payment, arrears, and recovery.

This ensures efficient land revenue administration, protects State interests, and safeguards rights of landholders.

Revenue Courts – Jurisdiction and Procedure under U.P. Revenue Code, 2006

Introduction

The U.P. Revenue Code, 2006 establishes a hierarchy of revenue authorities to adjudicate land and revenue disputes. Revenue courts are distinct from civil courts and are empowered to adjudicate disputes relating to land, revenue, tenancy, rent, and related rights.

Relevant Sections: 224–276 (Revenue Courts, Appeals, and Board’s Powers).

The framework ensures speedy, specialized, and cost-effective adjudication, protecting both the State’s revenue interests and the rights of landholders and tenants.

1. Jurisdiction of Revenue Courts (Sections 224–230)

(a) General Jurisdiction

· Revenue courts have jurisdiction over all revenue matters including:

1. Assessment of land revenue, arrears, and rent,

2. Mutation disputes,

3. Tenure rights (Bhumidhar, Asami, etc.),

4. Land alienation, surrender, or abandonment cases,

5. Boundary disputes and first charge issues.

(b) Exclusion of Civil Courts

· Sec. 225: Civil courts have no jurisdiction over matters exclusively under the Revenue Code.

· Exception: Matters involving civil contracts or private rights outside revenue law.

(c) Territorial Jurisdiction

· Determined by location of land under dispute.

· Collector/Tehsildar revenue courts operate within their respective district or tehsil.

Case Law:

· State of U.P. v. Ram Kishan AIR 1965 All 211 – Civil courts cannot interfere where statutory revenue procedure exists.

· Jagdish Singh v. Board of Revenue AIR 1974 All 145 – Revenue courts have exclusive jurisdiction over land revenue claims.

2. Procedure of Revenue Courts (Sections 231–250)

(a) Initiation of Proceedings

· Application/petition filed by party concerned with revenue records attached.

· Tehsildar/Collector examines preliminary facts and issues notice to opposite party.

(b) Hearing and Evidence

· Revenue court functions under summary procedure, similar to civil courts but less formal.

· Evidence: Oral statements, Jamabandi, mutation records, survey maps, and documents.

· Witnesses may be examined, cross-examined, and records verified.

(c) Orders

· Revenue court issues written order, specifying:

o Rights, liabilities, arrears, or mutation approval.

· Copy provided to parties, and entered in Record of Rights.

Case Law:

· State of U.P. v. Hiralal AIR 1968 All 332 – Revenue officer’s order must state reasons and be consistent with law.

3. First Appeal (Sections 251–260)

(a) Appellate Authority

· Collector / Additional Collector usually hears first appeals.

· Purpose: Correct errors of fact or law in lower revenue court orders.

(b) Time Limit

· Appeal must be filed within 30–60 days from receipt of order (Sec. 252).

(c) Powers of Appellate Authority

· Confirm, modify, or set aside the lower court order.

· Collect additional evidence if necessary.

Case Law:

· Board of Revenue v. Ram Prasad AIR 1978 All 112 – First appeal is provisional in nature, but appellate officer may rehear evidence for substantial justice.

4. Second Appeal (Sections 261–270)

(a) Appellate Authority

· Board of Revenue acts as second appellate authority.

· Hears appeals on substantial questions of law, not mere facts.

(b) Scope

· Can examine:

o Legal interpretation,

o Compliance with statutory procedure,

o Jurisdictional errors.

(c) Limitation

· Sec. 263: Appeals limited to cases exceeding prescribed revenue thresholds or significant legal issues.

Case Law:

· State of U.P. v. Ram Chander AIR 1980 All 98 – Second appeal to Board is primarily for law points, not minor factual disputes.

5. Board’s Power of Review (Sections 271–276)

(a) Power of Review

· Board of Revenue may review its own orders:

o Correct clerical errors,

o Reconsider substantial mistakes,

o Adjust procedural lapses.

(b) Limitations

· Review cannot open the merits extensively beyond the scope defined by law.

· Must be within specified time (usually 1 year of order, Sec. 273).

Case Law:

· Board of Revenue v. Om Prakash AIR 1985 All 223 – Board can review for patent illegality, but not act as appellate court de novo.

6. Flow of Revenue Courts and Appeals

1. Tehsildar / Lower Revenue Officer → Receives petition → Decides dispute

2. First Appeal → Collector / Additional Collector → Rehearing, confirm/modify order

3. Second Appeal → Board of Revenue → Review on substantial legal questions

4. Board’s Review → Correct clerical/methodological errors

Conclusion

The Revenue Courts under U.P. Revenue Code, 2006 (Sections 224–276) provide:

· Specialized jurisdiction for revenue matters,

· Expedited summary procedure,

· Structured first and second appeals,

· Review powers to correct errors,

· Clear demarcation from civil courts.

This ensures efficient dispute resolution, protects State revenue, and safeguards rights of cultivators and tenants.

Tuesday, November 11, 2025

UP LAND LAW : UTTAR PRADESH REVENUE CODE, 2006

Classes and Rights of Land Tenures – Bhumidhar with Transferable Rights, Bhumidhar with Non-Transferable Rights and Asami

Introduction

1. Classification of Tenure-Holders (Section 64, U.P. Revenue Code, 2006)

2. Bhumidhar with Transferable Rights

(Sections 65–69, U.P. Revenue Code, 2006)

(a) Definition (Section 65)

(b) Acquisition of Rights (Section 66)

(c) Rights and Privileges

(d) Liabilities

(e) Conversion of Rights (Section 69)

3. Bhumidhar with Non-Transferable Rights

(Sections 70–71, U.P. Revenue Code, 2006)

(a) Definition (Section 70)

(b) Acquisition of Rights (Section 70)

(c) Rights

(d) Restrictions and Liabilities

(e) Objective

4. Asami

(Sections 72–74, U.P. Revenue Code, 2006)

(a) Definition (Section 72)

(b) Acquisition of Rights (Section 72)

(c) Rights (Section 73)

(d) Liabilities and Restrictions (Section 74 & 188)

5. Comparative Table

6. Judicial Decisions

7. Conclusion

Declaration, Bequeath, Transfer, Exchange, Lease, Mortgage and Division

Introduction

1. Declaration

(Sections 87 & 88, U.P. Revenue Code, 2006)

(a) Meaning

(b) Declaration of Transferable Rights

(c) Legal Effect

2. Bequeath (Will)

(Section 89, U.P. Revenue Code, 2006)

(a) Meaning

(b) Who Can Bequeath

(c) Conditions

(d) Effect of Bequest

(e) Case Law

3. Transfer

(Sections 90–91, U.P. Revenue Code, 2006)

(a) Meaning

(b) Who Can Transfer

(c) Modes of Transfer

(d) Restrictions on Transfer

(e) Registration

(f) Legal Effect

4. Exchange

(Section 92, U.P. Revenue Code, 2006)

(a) Meaning

(b) Who Can Exchange

(c) Conditions

(d) Effect

(e) Example

5. Lease

(Sections 93–97, U.P. Revenue Code, 2006)

(a) Meaning

(b) Who May Grant Lease

(c) Duration

(d) Conditions

(e) Rights of Lessee

(f) Example

6. Mortgage

(Section 98, U.P. Revenue Code, 2006)

(a) Meaning

(b) Who May Mortgage

(c) Conditions

(d) Types of Mortgage Permitted

(e) Effect

(f) Judicial Case

7. Division (Partition)

(Sections 99–104, U.P. Revenue Code, 2006)

(a) Meaning

(b) Who Can Apply

(c) Procedure (Sec. 100–102)

(d) Effect of Division (Sec. 103–104)

(e) Restrictions