9911796707
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Issues:
1. Validity of the order expunging appellant's name from revenue record. 2. Legal basis for the entry in the revenue record. 3. Authority of the collector to correct entries in consolidation proceedings. Issue 1: Validity of the order expunging appellant's name from revenue record: The case involved a dispute over a plot of land vested in the gram sabha, where the appellant's name was expunged from the revenue record and replaced with respondent names during consolidation proceedings. The appellant challenged this order, arguing that once their name was recorded during consolidation, it couldn't be expunged. The court disagreed, stating that as the land was vested in the gram sabha and no lease had been executed in favor of the appellant, the collector's order was merely correcting a wrong entry in the revenue record. Issue 2: Legal basis for the entry in the revenue record: The court emphasized that the appellant had no legal title over the land in dispute and the resolution proposing the lease lacked legal sanctity without the assistant collector's approval. The entry in the revenue record must have a legal basis, and the appellant couldn't claim title based on a wrong entry. The collector, as the district deputy director of consolidation, had the authority to correct entries under the U.P. Consolidation of Holdings Act, even if a wrong provision was initially cited. Issue 3: Authority of the collector to correct entries in consolidation proceedings: The court held that the collector had the power to correct wrong entries in the consolidation record, even if a different provision was initially referenced. The order expunging the appellant's name was deemed valid under Section 48 of the U.P. Consolidation of Holdings Act. The court found no infirmity in the collector's order and dismissed the appeal, stating that the order was a consequential correction of the erroneous entry in the revenue record. In conclusion, the Supreme Court upheld the collector's authority to correct entries in the revenue and consolidation records, emphasizing the lack of legal title for the appellant and the necessity for entries to have a legal basis. The appeal was dismissed, with no costs awarded.
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