HC rejects plea against error in recording ‘govt’ land
Cuttack: Orissa high court has held that erroneous recording of purported govt land as private land by making modification in the record of rights (RoR) cannot be taken up for hearing.
The two-judge bench of Chief Justice Harish Tandon and Justice M S Raman said, “As the seminal grievance raised in the instant public interest litigation pertains to erroneous recording of an entry in the record of right and there is an efficacious alternative remedy available to the petitioners, it does not satisfy the basic ingredients of the public interest litigation.”
“Even if we proceed on the assertion of the petitioners, we find that the petitioners can ventilate their grievance under the Orissa Survey and Settlement Act, 1958, which contains the provision relating to the revision of the entry made in the record of right, either suo motu by the Board of Revenue or an application having made in this regard,” the bench observed, while dismissing the petition on April 29.
The ruling was given on a petition filed by five residents of Badamba tehsil under Athagarh sub-division in Cuttack district. Claiming themselves to be representatives of the people of the area, the petitioners alleged that several plots, which belonged to the govt, had been wrongly classified as private land by making alteration in the RoR.
According to the petitioners, the lands were always used as ‘gochar’ (grazing) land and for performing cremations but because of the alteration in RoR, six private individuals are claiming their right, title and interest thereupon.
The land, which was recorded as govt land, is wrongly shown as private land affecting the rights of villagers, the petitioners contended, seeking the court’s intervention for correction of the erroneous entry made in RoR.
However, the bench said, “In course of the hearing, we found that the modification and/or alteration in the record of right was done as far back as in the year 1990. There is a complete silence on the part of the petitioners till 2024 when the instant PIL is filed for restoration of the original entry, i.e., the land belonged to the govt. No convincing material is produced by the petitioners that the said land was, in fact, recorded as the govt land.”
“The moment the govt made an entry in the record of right, such entry is presumed to be correct unless the contrary is proved by cogent evidence,” the bench observed, adding, “Mere recording the name in the record of right neither creates any title into a person nor extinguishes title in respect of an immovable property but made for the purpose of the collection of land revenue and making a person primarily responsible for payment thereof.”
The two-judge bench of Chief Justice Harish Tandon and Justice M S Raman said, “As the seminal grievance raised in the instant public interest litigation pertains to erroneous recording of an entry in the record of right and there is an efficacious alternative remedy available to the petitioners, it does not satisfy the basic ingredients of the public interest litigation.”
“Even if we proceed on the assertion of the petitioners, we find that the petitioners can ventilate their grievance under the Orissa Survey and Settlement Act, 1958, which contains the provision relating to the revision of the entry made in the record of right, either suo motu by the Board of Revenue or an application having made in this regard,” the bench observed, while dismissing the petition on April 29.
The ruling was given on a petition filed by five residents of Badamba tehsil under Athagarh sub-division in Cuttack district. Claiming themselves to be representatives of the people of the area, the petitioners alleged that several plots, which belonged to the govt, had been wrongly classified as private land by making alteration in the RoR.
According to the petitioners, the lands were always used as ‘gochar’ (grazing) land and for performing cremations but because of the alteration in RoR, six private individuals are claiming their right, title and interest thereupon.
The land, which was recorded as govt land, is wrongly shown as private land affecting the rights of villagers, the petitioners contended, seeking the court’s intervention for correction of the erroneous entry made in RoR.
However, the bench said, “In course of the hearing, we found that the modification and/or alteration in the record of right was done as far back as in the year 1990. There is a complete silence on the part of the petitioners till 2024 when the instant PIL is filed for restoration of the original entry, i.e., the land belonged to the govt. No convincing material is produced by the petitioners that the said land was, in fact, recorded as the govt land.”
“The moment the govt made an entry in the record of right, such entry is presumed to be correct unless the contrary is proved by cogent evidence,” the bench observed, adding, “Mere recording the name in the record of right neither creates any title into a person nor extinguishes title in respect of an immovable property but made for the purpose of the collection of land revenue and making a person primarily responsible for payment thereof.”
