BACHAN & ANOTHER versus KANKAR & OTHERS

Citation: [1973] 1 S.C.R. 727 · Decided: 26-07-1972 · Supreme Court of India · Bench: A.N. RAY · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
c 
D 
E 
G 
H 
BACHAN & ANOTHER 
v. 
KANKAR & OTHERS 
July 26, 1972 
CA. N. RAY AND M. H. BEG, JJ.J 
727 
U.P. La11d Revenue Act 1901-S. 28 and 33-U.P. Land R•fomzs 
Manual-Chapter A (v)-If a fictitious •ntry i11 the K.1asra ca11 bt r1al 
entry if the Patwari enters it in discharg• of his public dutfrs. 
The appellant's father claimed to be a sub-tenant bf Math Sri Oland. 
Respondents on the other hand, claimed possession of the plots and also 
claimed Adhivasi Sardari rights on the basis of being occupants. In 1953, 
the :ippeltants' father filed a suit against the respondents and the Sarbara-
kar of the Math, and a decree was passed in favour of the 
appellanla' 
father. The decree was upheld on appeal. The respondents filed a accond 
•ppeal in the High Court. The second appeal was stayed because of eon•o-
liclation proceedings. 
The respondents were recorded, under S. 8 of the U.P. Consoli"-t"'n 
or Holdings Act, as Sirdars in respect of the said plots by expunging th• 
nan1<0 of the appellants• father. 
The appellants, thereafter, filed an olijM-
tion under S. 12 of the Act, but the objection was dismis.cd by the CO!l81>-
lid<ttion Officer. The appellants filed an eppeal, which was also dismio••d 
by the Settlement Ofticer. 
'fhc appeJlants' revision petition was, ho\.\·cver, remanded to the Con.w-
lidation Officer for further enquiry by the Deputy Direc'tor of Consolidll.-
tion. 
Before the remand order was passed by the Deputy Director, th• 
statement of the proposal had been published under S. 20(1) of the Con-
solidation Act. 1953. The appellants did not file dbjection under S. 20(2) 
of the Act. Eventually, the allotment of the plots was confirmed iri. favour 
of the respondents and possession was delivered to them. 
New revenue 
records were finally prepared and published. 
In 1963, t\'e Consolidation 
Officer dismissed the objection of the appellants. 
Th 'appellants filed an 
appeal under S. 12 of the Act (U.P. Consolidation of Holdings Act). The 
appeal was allowed. Tb Settlement Officer directed that the names of 
the respondents be expurlged and that the names of the appellants be en-
tered on record. 
The respondents filed a revision application which Wall 
dismissed by the Deputy Direc'tor of Consolidation on the ground that 
the entry in favour of the respondent•' father was fictitious. 
In the circumstances, the respondents filed a. writ petition in the High 
Court. The respondents asked tor setting aside the order of the Deputy 
Director of Consolidation and that of the 'Settlement Officer passed in 1963. 
The learned single Judge qll1!Shed the orders. The order was maintaimd 
by the Bench Decision of that High Court. 
The High Court held that 
though the entry in favour of the respondents was motivated by hoetility 
or ill-will, against the appellant, it was made by the Patwari in discharging 
his duties and so the entry could not be fictitious. 
The learned mnalc 
Judge as well as the Division Bench held that the r"'pondents were en-
titled to Adhivasi rights merely on account of the entry and it was wholly 
irrelevant whether the entry was correct or not. Allowing the appeal. 
HELD : (I) A fictitious entry is one which is not genuine. It is an 
unrcaJ. entry Sonavati &: Ors., v. Sriram &: Anr., [19681 I S.C.R,. 617, re--
728 
SUPREME COURT llEPORTS 
[1973] f S.C.A 
ferred to. 
(73 IEJ 
Under S. 20 of the U.P. Jamindari Abolition and Land Reforms Act 
1956, a Kbasra (fielcl book) has to be prepared under S. 28 and 33 of 
:the U.P. Land Revenue Act, 1901. The U.P. Land Reforms Manual 
in Chapter A(v) in paragrapho A-55 to A-67 lays down the manner in 
which the Khasra showing possession has to be prepared by the Patwari 
in the areas to which Jamindari Abolition and Land Reforms Act 1950 
applies. 
There are detailed instructions about the manner in which tho 
inquiry should be carried out about actual possession and change in posses-
sion and corrections in the map and field book and the form in which 
Khasra is to be prepared. The form of Khasra is given in paragraph A-80. 
The form shows th.at the Lekh Pal has to prepare a consolidated list of 
entries after proper investigation. · Again, paragraphs A-70 to A-73 of tho 
U.P. Land Reoords Manual show how entries have to be made in Khatauni.t 
every year, showing the nature of tenure of each holder. The Khatauni 
is meant to be a rec'ord of tenure holders. The manner of changes to be 
made there is laid down in paragraphs A-82 to A-83. 
En

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