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A.F.R.
Neutral Citation No. ­ 2024:AHC:163048
Court No. ­ 32

Case :­ WRIT ­ C No. ­ 11091 of 2024

Petitioner :­ Hari Prasad Pandey

Respondent :­ State Of Up And 5 Others
Counsel for Petitioner :­ Anurag Tripathi,Garima
Chauhan,Jainendra Pandey,Rahul Kumar Mishra
Counsel for Respondent :­ C.S.C.,Madan Mohan Srivastava

Hon'ble Dr. Yogendra Kumar Srivastava, J.

1. Heard Sri Anurag Tripathi, learned counsel for the
petitioner, Sri J.N. Maurya, learned Chief Standing Counsel
appearing along with Sri Satyendra Nath Srivastava and Sri
Abhishek Shukla, learned Additional Chief Standing Counsel,
and Sri Amresh Kumar Tewari learned Standing Counsel, for
the State respondents, and Sri Madan Mohan Srivastava,
learned counsel appearing for the respondent No. 5.

2. The present petition has been filed seeking to assail the

order dated 3.1.2023, passed by the respondent No. 4, the
Tahsildar, Tehsil Manjhanpur, District Kaushambi, in Case
No. 559 of 2022, (Computerized Case No.
T202202420300559), [Rajesh Kumar Pandey Vs. Hari
Prasad Pandey], in proceedings under Section 25 of the U.P.
Revenue Code, 20061, and also praying for certain ancillary
reliefs.

3. An objection has been raised by the counsel appearing for

the State respondents with regard to the entertainability of
the writ petition by pointing out that the order passed under

1 the Revenue Code

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Section 25 of the Revenue Code, would be subject to the

statutory alternative remedy of a revision under Section 27
of the Revenue Code.

4. In response to the aforesaid objection, counsel for the

petitioner has sought to urge that the land in question which
is situate in village “Purabsharira”, Tehsil Manjhanpur,
District Kaushambi, is part of the notified area of the Nagar
Panchayat, Purab­Paschimsharira, and in view thereof the
provisions of the Revenue Code would not be applicable, and
therefore the order impugned being without jurisdiction, the
plea of a statutory alternative remedy, would not create a
bar to the writ petition being entertained.

5. Attention of the Court has been drawn to a notification

bearing Notification No. 2875/IX­10­2019­28T.A./­19, dated
31.12.2019, issued by the Uttar Pradesh Shasan, Nagar Vikas
Anubhag – 1, exercising powers under Clause (2) of Article
243­Q of the Constitution read with Section 3 of the Uttar
Pradesh Municipalities Act, 1916. In terms of above, it has
been specified that the local area with limits as given in
the Schedule, shall be a transitional area for the purpose of
Part ­ IX­A of the Constitution, and a Nagar Panchayat shall
be constituted for the same, which would be known as Nagar
Panchayat, Purab­Paschim Sharira in District Kaushambi.

6. To examine the issue relating to the jurisdiction of the

respondent authority which has passed the order impugned,
the question relating to the applicability of the provisions of
the Revenue Code to an area notified under the Uttar
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Pradesh Municipalities Act, 1916, would be required to be

considered.

7. The U.P. Revenue Code, 2006, has been described as an

Act to consolidate and amend the law relating to land
tenures and the land revenue in the State of Uttar Pradesh,
and to provide for matters connected therewith and
incidental thereto.

8. The provision relating to extent of the Act is contained

under Section 1 of the Revenue Code. The applicability of
the Revenue Code is provided for, under Section 2, whereas
Section 3 contains the provision for extension of the Code to
new areas.

9. For ease of reference, the aforesaid statutory provisions

contained in Sections 1, 2 and 3, are being extracted below:

“1. Short title, extent and commencement.—(1)

This Act may be called the Uttar Pradesh Revenue
Code, 2006.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force on such date as the State
Government may, by notification, appoint and
different dates may be appointed for different areas
or for different provisions of this Code.
2. Applicability of the Code.—The provisions of this
Code, except Chapters VIII and IX shall apply to the
whole of Uttar Pradesh, and Chapters VIII and IX
shall apply to the areas to which any of the
enactments specified at serial numbers 19 and 25 of
the First Schedule was applicable on the date
immediately preceding their repeal by this Code.
3. Extension of the Code to new areas.—(1)
Whereafter the commencement of this Code, any area
is added to the territory of Uttar Pradesh, the State
Government may, by notification, extend the whole
or any provision of this Code, to such area.
(2) Where any notification is issued under sub­
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section (1), the provisions of any Act, rule or

regulation in force in the area referred to in the said
sub­section, which are inconsistent with the
provisions so applied, shall be deemed to have been
repealed.
(3) The State Government may, by a subsequent
notification, amend, modify or alter any notification
issued under sub­section (1).”

10. The enactment of the Revenue Code has resulted in

repeal of certain enactments, which have been specified in
the First Schedule of the Act. The Uttar Pradesh Zamindari
Abolition and Land Reforms Act, 1950 and the U.P. Land
Revenue Act, 1901, are amongst the various enactments
which have been repealed.

11. In terms of sub­section (2) of Section 1, as aforestated,

the Revenue Code extends to the whole of Uttar Pradesh.

12. Section 2 of the Revenue Code which relates to its

applicability, declares that the provisions of the Revenue
Code shall apply to the whole of Uttar Pradesh, except:

(i) Chapter VIII which deals with management of land and

other properties of Gram Panchayat or other local
authorities, and

(ii) Chapter IX which deals with tenures.

13. The aforesaid Chapters VIII and IX of the Revenue Code

have been stated to apply to the areas to which any of the
enactments specified at Serial Nos. 19 and 25 of the First
Schedule, was applicable on the date immediately preceding
its repeal by the Revenue Code. The enactment Specified at
Serial No. 19 is the Uttar Pradesh Zamindari Abolition and
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Land Reforms Act, 19502, and the enactment specified at

Serial No. 25 is the U.P. Urban Areas Zamindari Abolition
and Land Reforms Act, 19563.

14. Section 25 of the Revenue Code, which pertains to

“rights of way and other easements” and under which the
order impugned has been passed, is part of Chapter IX of the
Code, and in terms thereof, in the event of any dispute
arising as to the route by which a tenure­holder or an
agricultural labourer, shall have access to his land or to the
waste or pasture land of the village (other than by the public
roads, paths or common land) or as to the source from or
course by which he may avail himself of irrigational
facilities, the Tahsildar may, after such local inquiry as may
be considered necessary, decide the matter with reference to
the prevailing custom and with due regard to the
convenience of all the parties concerned.

15. Section 26 relates to “removal of obstacles” and in its

terms if the Tahsildar finds that any obstacle impedes the
free use of a public road, path or common land of a village
or obstructs the road or water course or source of water, he
may direct the removal of such obstacle.

16. The powers exerciable by the Tahsildar under Section 25

or Section 26, are subject to the revisional power of the Sub
Divisional Officer, under Section 27 of the Revenue Code.

17. The aforesaid provisions, under Sections 25, 26 and 27,

are part of Chapter IX of the Revenue Code, and as per the
2 the Z.A. Act, 1950
3 the Z.A. Act, 1956
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terms of Section 2 thereof, the said provisions would be

applicable to the whole of the Uttar Pradesh, without any
exception.

18. For ready reference, Sections 25, 26 and 27 are being

reproduced below:

“25. Rights of way and other easements.­ In the

event of any dispute arising as to the route by which
a tenure­holder or an agricultural labourer shall have
access to his land or to the waste or pasture land of
the village (other than by the public roads, paths or
common land) or as to the source from or course by
which he may avail himself of irrigational facilities,
the Tahsildar may, after such local inquiry as may be
considered necessary, decide the matter with
reference to the prevailing custom and with due
regard to the convenience of all the parties
concerned. He may direct the removal of such
obstacle and may, for that purpose, use or cause to
be used such force as may be necessary and may
recover the cost of such removal from the person
concerned in the manner prescribed.
26. Removal of obstacle. –­If the Tahsildar finds
that any obstacle impedes the free use of a public
road, path or common land of a village or obstructs
the road or water­course or source of water, he may
direct the removal of such obstacle and may, for that
purpose, use or cause to be used such force as may
be necessary and may recover the cost of such
removal from the person concerned in the manner
prescribed.
27. Revisional powers of Sub­Divisional Officer. –
The Sub­Divisional Officer may call for the record of
any case decided by the Tahsildar under section 25
or 26, for the purpose of satisfying himself as to the
legality or propriety of such decision, and may, after
affording opportunity of hearing to the parties
concerned, pass such orders as he thinks fit:
Provided that no application under this section shall
be entertained after the expiry of a period of thirty
days from the date of the order sought to be revised.”

19. The applicability of the provisions contained under

Chapters VIII and IX of the Revenue Code, have been made
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subject to the applicability of any of the enactments specified

at Serial Nos. 19 and 25 of the First Schedule, immediately
preceding their repeal by the Code.

20. It would therefore be necessary to examine the extent of

the Z.A. Act, 1950, and for the purpose, the provisions
contained under sub­section (2) of Section 1 of the said Act
would be required to be adverted. For ease of reference,
Section 1 of the Z.A. Act, is being reproduced below:

“1. Short title, extent and commencement. (1) This

Act may be called the Uttar Pradesh Zamindari
Abolition and Land Reforms Act, 1950.
(2) It extends to the whole of the Uttar Pradesh
except the areas which, on the 7th day of July, 1949,
were included in a municipality or a notified area
under the provisions of the United Provinces
Municipalities Act, 1916 (U.P. Act II of 1916) or a
Cantonment, under the provisions of the Cantonment
Act, 1924 (U.P. Act II of 1924) or a Town Areas
under the provisions of the United Provinces Town
Areas Act, 1914 (U.P. Act I of 1914)
Provided that in relation to areas included in the
Rampur Municipality, this sub­section shall have
effect as if for the words and figures ‘7th day of July,
1949’ the words and figures' 31st day of July, 1949,
were substituted therein
Provided further that where any area which on July
7, 1949, was included in a Municipality, Notified
Area, Cantonment or Town Area, cease to be so
included therein at any time after that date and no
notification has been made in respect thereof under
Section 8 of the Uttar Pradesh Urban Areas Zamindari
Abolition and Land Reforms Act, 1956—
(i) in case it has ceased to be so included at any
time before June 29, 1971, this Act shall extend
to such area from June 29, 1971; and
(ii) in any other case, this Act shall extend to
such area from the date on which the area
ceases to be so included.
(3) It shall come into force at once except in the
areas mentioned in clauses (a) to (f) of sub­section
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(1) of Section 2, where it shall, subject to any

exception or modification under sub­section (1) of
Section 2, come into force on such date as the State
Government may by notification in the Gazette
appoint and different dates may be appointed for
different areas and different provisions of this Act.”

21. In terms of sub­section (2) of Section 1, as aforesaid, the

Z.A. Act, 1950 extended to the whole of Uttar Pradesh
except the areas which, on the 7 th day of July, 1949 were
included in a municipality or a notified area under the
provisions of the United Provinces Municipalities Act, 1916
or a cantonment under the provisions of the Cantonment
Act, 1924, or a town area under the provisions of the United
Provinces Town Areas Act, 1914.

22. Sub­section (2) of Section 1, of the Z.A. Act carves an

exception in respect to the areas to which the Town Areas
Act, Cantonment Act or the Municipalities Act, were
applicable. The extent of this exclusion is in reference to the
cut off date of July 7, 1949. The date is significant because it
was on this day that Uttar Pradesh Zamindari Abolition and
Land Reforms Bill was first introduced in the legislature. The
provision makes it clear that if on July 7, 1949 a particular
area was outside the limits of a municipality or a notified
area or a cantonment, the Z.A. Act would be applicable, and
would continue to apply. The Act would also continue to
apply to the area which was subsequently included in a
municipality or a notified area, under the United Provinces
Municipalities Act, 1916 or a cantonment under the
provisions of the Cantonment Act, 1924, or a town area
under the provisions of the United Provinces Town Areas
Act, 1914.
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23. Section 1(2) of the Z.A. Act makes it clear that the
inclusion has to be as on the date July 7, 1949, and any
subsequent inclusion of the area within the limits of a
municipality, notified area, a cantonment area or town area
would not be material and would be of no consequence for
the purpose.

24. It would therefore follow that in respect of an area

which was not included in the limits of a municipality, under
the United Provinces Municipalities Act, 1916, as on July 7,
1949, the provisions of the Z.A. Act, 1950 applied, and the
subsequent inclusion of such an area within the limits of a
municipality after July 7, 1949 would be inconsequential.

25. A conjoint reading of the aforementioned provisions

contained under Section 1(2) of the Z.A. Act with the
provisions contained under Section 2 of the Revenue Code,
would lead to the inference that the provisions under
Chapters VIII and IX of the Revenue Code shall apply to such
areas, in addition to the provisions under the remaining
Chapters being applicable.

26. Having regard to the foregoing discussions, the

principles with regard to the applicability of the U.P.
Revenue Code, 2006, may be summarized as follows:

26.1. The provisions of the Revenue Code shall apply to the

whole of Uttar Pradesh, except: (i) Chapter VIII which deals
with management of land and other properties of Gram
Panchayat or other local authorities, and (ii) Chapter IX
which deals with tenures.
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26.2. The provisions of Chapters VIII and IX, together with

the provisions under the remaining chapters of the Revenue
Code, shall apply to the areas to which the Uttar Pradesh
Zamindari Abolition and Land Reforms Act, 1950, or U.P.
Urban Areas Zamindari Abolition and Land Reforms Act,
1956, were applicable on the date immediately preceding
their repeal by the Revenue Code.

27. As a corollary to the aforesaid principles, it may be

stated that an area which was included in the municipal
limits after July 7, 1949 and to which Z.A. Act, 1950
continued to be applicable by virtue of the provisions
contained under Section 1(2) thereof, would be governed by
the provisions of the U.P. Revenue Code, 2006, in its
entirety, after the repeal of the Z.A. Act, 1950 by the
Revenue Code.

28. In the case at hand, the village in question, having been

included within the municipal limits, in terms of a
notification dated 31.12.2019, issued under the provisions of
the Uttar Pradesh Municipalities Act, 1916, and the
provisions of the Z.A. Act, 1950, being applicable to it as on
the date of enforcement of the U.P. Revenue Code, 2006,
which is February 11, 2016, in terms of Section 2 thereof,
the provisions of the U.P. Revenue Code, 2006, would apply
to the area, in its entirety.

29. There is thus no manner of doubt with regard to the

applicability of the provisions under Sections 25, 26 and 27
of the Revenue Code under Chapter V thereof to the area in
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question. The objection raised by the petitioner with regard

to the jurisdiction of the concerned respondent authority in
passing of the order exercising powers under Section 25, is
therefore held to be legally untenable.

30. The order dated 03.01.2023 passed by the respondent

No. 4 exercising powers under Section 25 of the Revenue
Code, having been held to be unassailable on the ground of
lack of jurisdiction, the contention raised by the petitioner
with regard to the bar of the availability of the statutory
alternative remedy under Section 27 being not applicable,
cannot be sustained.

31. The writ petition is therefore not entertained on the

ground of the availability of the statutory alternative remedy
of a revision under Section 27 of the Revenue Code.

32. The petition stands disposed of, leaving it open to the

petitioner to take recourse to the statutory alternative
remedy.

Order Date :­ 4.10.2024

Arun K. Singh
[Dr. Y.K. Srivastava, J]

Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad