Court No. - 9
Case :- WRIT - C No. - 18460 of 2019 Petitioner :- Baleshwar Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Upadhyay,Vinay Bhushan Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
This writ petition has been filed seeking the following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 and 3 to considered the case of the petitioner and name of his is endorse in the revenue records by the concern authority.
(b) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 3 to on the basis of his order dated 08.03.1979 the name of he petitioner is being endorsed in the revenue records in column-2."
The petitioner has filed this petition because in pursuance of a series of orders, his name was required to be incorporated in the khatauni. The relevant amaldaramad in pursuance of the orders is to be found in the khatauni of only 1425 Fasli to 1430 Fasli in the remarks column.
The grievance of the petitioner is that the entry in his favour in khata no. 190 of village Daudpur, Tehsil Jamaniya, District Ghazipur should have been made in the main column of the khatauni but it is still continuing in the remarks column.
Counsel for the petitioner also admits that he has been informed that his name shall be transferred and recorded in the main column of the khatauni, when the next khatauni is prepared. It is however, submitted that this should have been done, when the current khatauni had been prepared because the order and the amaldaramad in his favour is of the year 2015.
In my considered opinion, in case, any revenue entry requires correction, the aggrieved person has a statutory remedy by means of proceedings under Section 30 of the Revenue Code, 2006, for correction of papers.
Under the circumstances, and in the facts of this case, the petitioner has two options. He may wait that the next khatauni to be prepared or else it is always open for him to resort to the remedy available to him under Section 30 of the Revenue Code, 2006.
Subject to the above, this writ petition stands disposed of.
Order Date :- 29.5.2019 Mayank