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Allahabad High Court Holds Sub-Divisional Officer Cannot Confer Bhumidhar Rights on Administrative Side — “No Mandamus Lies; Only a Declaratory Suit Under Section 144 of the U.P. Revenue Code Is Maintainable”

Allahabad High Court Holds Sub-Divisional Officer Cannot Confer Bhumidhar Rights on Administrative Side — “No Mandamus Lies; Only a Declaratory Suit Under Section 144 of the U.P. Revenue Code Is Maintainable”

Allahabad High Court Holds Sub-Divisional Officer Cannot Confer Bhumidhar Rights on Administrative Side — “No Mandamus Lies; Only a Declaratory Suit Under Section 144 of the U.P. Revenue Code Is Maintainable”

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Court’s Decision

The Allahabad High Court dismissed a writ petition seeking a mandamus to direct the Sub-Divisional Officer to grant Bhumidhar with transferable rights under Sections 131A and 131B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 and Section 76 of the U.P. Revenue Code, 2006. The Court held:

“Sub-Divisional Officer has no jurisdiction to grant such a declaration on administrative side, however, he is certainly competent to grant such a declaration in appropriate statutory proceedings under Section 144 of the Code, 2006.”

It further held that a writ of mandamus cannot be issued where there is no statutory duty imposed on the officer:

“Mandamus cannot be issued unless the pre-conditions are satisfied. Such well-defined conditions are not satisfied in the present case.”


Facts

The petitioner claimed to have acquired the status of a Bhumidhar with transferable rights pursuant to previous lease proceedings. Relying on Sections 131A and 131B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 and Section 76 of the U.P. Revenue Code, 2006, he asserted that after five years of holding non-transferable rights, he was entitled to be declared a Bhumidhar with transferable rights. The petitioner submitted representations dated 07.05.2022 and 15.06.2024 to the Sub-Divisional Officer but sought court intervention when no declaration was granted.


Issues

  1. Whether the Sub-Divisional Officer has administrative authority to declare a person as a Bhumidhar with transferable rights under the Act of 1950 and the Code of 2006.
  2. Whether a writ of mandamus can be issued to compel the Sub-Divisional Officer to grant such declaration.

Petitioner’s Arguments


Respondent’s Arguments

The Court considered the legal framework and held that none of the statutory provisions empowered the Sub-Divisional Officer to grant such declarations on the administrative side, and hence no statutory obligation existed that could support the issuance of a writ of mandamus.


Analysis of the Law

The Court closely examined:

Further, Section 144 of the 2006 Code was identified as the appropriate remedy for seeking such declarations, which requires a formal suit to be instituted in a court where the State and Gram Panchayat are necessary parties.


Precedent Analysis

The Court relied on the Supreme Court’s ruling in:

This principle was reaffirmed by reference to earlier decisions in:

These cases consistently held that mandamus cannot be granted to enforce non-statutory obligations.


Court’s Reasoning

The Court reasoned that although the petitioner may substantively qualify for the status of Bhumidhar with transferable rights under the applicable legal provisions, the mode of enforcement of such a right must conform to the statutory procedure.

“Such an aspect needs adjudication by the Sub-Divisional Officer in appropriate suit proceedings under Section 144… and not on administrative side on a bare application.”

Since Section 144 provides for declaratory suits for tenure rights, and specifies the necessary parties (State and Gram Panchayat), the remedy lies therein—not through executive fiat or administrative processing.


Conclusion

The writ petition was dismissed. The High Court granted the petitioner liberty to seek declaration through an appropriate suit under Section 144 of the U.P. Revenue Code, 2006.


Implications

Also Read – Allahabad High Court Quashes Review of Drug License Revival for Lack of Jurisdiction — “Appellate Authority Became Functus Officio After Passing Final Order Under Rule 85(3); No Power of Review or Proof of Fraud or Misrepresentation”

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