NATH SINGH AND OTHERS versus THE BOARD OF REVENUE AND OTHERS

NATH SINGH AND OTHERS versus THE BOARD OF REVENUE AND OTHERS

Where the record of rights for 1356 F has not been corrected, courts are bound by the entry in the record of rights for conferring Adhivasi rights under s. 20 of the Act, and no further inquiry is required as to when respondents became sub-tenants or actual occupants.

Parties
Appellants: Nath Singh and Others; Respondents: The Board of Revenue and Others
Jurisdiction
India
Judgment Date
21 March 1968
Procedural Posture
Civil Appeals / Supreme Court Appeal by Special Leave Against Judgment of Allahabad High Court in Writ Petitions
Outcome
Appeals dismissed
Legal Topics
Adhivasi Rights, Interpretation of U.p. Zamindari Abolition and Land Reforms Act, Status of Sub Tenants and Occupants, Finality of Board of Revenue Orders, Writ Jurisdiction Under Article 226
Land Law Administrative Law Adhivasi Rights Interpretation of U.p. Zamindari Abolition and Land Reforms Act Status of Sub Tenants and Occupants Finality of Board of Revenue Orders Writ Jurisdiction Under Article 226

Case Brief

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Parties

Nath Singh and Others

Appellants

The Board of Revenue and Others

Respondents

Procedural Posture

Civil Appeals / Supreme Court Appeal by Special Leave Against Judgment of Allahabad High Court in Writ Petitions

Legal Issues

  1. 1 Whether entries in the record of rights (Khasra/Khatauni) for 1356 F are conclusive for conferring Adhivasi rights under s. 20(b)(i) of the U.P. Zamindari Abolition and Land Reforms Act, 1952, despite prior judicial findings disputing sub-tenancy.
  2. 2 Whether the writ jurisdiction under Article 226 can be invoked to challenge the finality of the Board of Revenue’s interpretation of s. 20(b).

Ratio Decidendi

Where the record of rights for 1356 F has not been corrected, courts are bound by the entry in the record of rights for conferring Adhivasi rights under s. 20 of the Act, and no further inquiry is required as to when respondents became sub-tenants or actual occupants.

Court Disposition

Appeals dismissed

Orders

  • Appeals fail and are dismissed with costs.
  • One hearing fee awarded.