Correction in land record kept under the uttar pradesh land revenue code

by | Feb 25, 2017

I seek your advice in respect of correction of my name in UP land revenue records. When my father accrued right in the ancestral land after the death of my grandfather, he was very young when his father dies so that he could not pursue his case correctly. Hence mistake occurred in khatauni due to the error of my father. 

Now my father wants to correct his name because it may cause difficulty in future. So kindly help me with the procedure for the name correction.

Question From: Civil Law

First of all, you should conduct some inquiry towards the name recorded in revenue records such as the record of rights and annual register. The annual register is amended version of record-of-rights which incorporates all changes or corrections occurred in last six years.

The annual register is popularly known as “khatauni”. The collector maintains the annual register on an interval of six-year (section 33 of the U. P. Land Revenue Act 1901). Khatauni is a register of person cultivating or otherwise occupying the land

Correction proceeding

You should move an application before the Tehsildar under section 33/39 of the U. P. Land Revenue Act 1901 for correction in the annual register. Section 39 (1) empowers the Tehsildar to correct any error or omission in the annual register. In the course of such correction, the Tehsildar shall conduct such enquiry as he appears necessary therefor and refers the case to the Collector for its disposal. 

The proceeding under section 39 is a judicial proceeding, so Collector adjudicates the matter with proper judgment. Therefore, an application under section 33/39 should be accompanied by current khatauni and duly certified by the Lekhpal. The revenue officer adopts the above-said procedure for correcting the land record. This procedure is generally called 33/39 case. 

Position before LR Act 1950

Before the commencement of the UP ZA & LR Act 1950, there were two records of rights for each village. One was “Khewat”, and another was “Khatauni”. But, after incorporation of the Act of 1950, there are only one records of right remains in force, i.e. khatauni. If any error occurred in khatauni after 1950, then you should take a certified khatauni for Fasli year 1362. Thereupon, produce that khatauni (Fasli year 1362) along with the application under section 33/39. 

Image courtesy: Deccan Chronicle

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