NOIDA INTERNATIONAL UNIVERSITY

Topic: PRIMARY RULE OF INTEPRETATION

Presented by: Assignee:

Reshab Chhetri PROF. ARUN SINGH

BBA-LLB

9TH SEMESTER

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Index
Introduction 3

Attachment of immovable Property 5

Objection against the attachment 6

Proclamation 7

Bibliography 8

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Introduction.
The UP Revenue Code(amendment), 2006 (UP Act No.8 of 2012) was enacted to consolidate
and amend the law relating to land tenures and land revenue in the State of UP and to provide
for matters connected therewith and incidental thereto. Chapter II of the Code, 2006 deals
with revenue divisions, and Section 5 provides for the division of the State into revenue areas
comprising divisions which may consist of two or more districts and each district may consist
of two or more tahsils and each tahsil may consist of one or more parganas and each pargana
may consist of two or more villages. Section 6 provides for constitution of revenue areas, and
in terms thereof the State Government may by notification specify: (i) the districts which
constitute a division; (ii) the tahsils which constitute a district; and (iii) the villages which
constitute a tahsil. Sub-section (2) of Section 6 provides that the State Government may, by
notification, alter the limits of any revenue area referred to in sub-section (1) by
amalgamation, readjustment, division or in any manner whatsoever, or abolish any such
revenue area and may name and alter the name of any such revenue area. In terms of the
proviso to sub-section (2) before passing any order under this sub-section on any proposal to
alter the limits of any revenue area, the State Government is enjoined to publish, in the
prescribed manner, such proposals for inviting objections, and is required to take into
consideration any objection to such proposals.
Up land laws after the repeal of U.P Zamindari Abolition and land reform Act,1950, the new
enactment has been implemented in State of U.P by the legislature known as “U.P. Revenue
code,2006” notifying the notification dated 11th February, 2016. Also, prior to abolition of
Zamindari system from the state, numerous acts were being enforced in different parts of the
state and after Independence, such small States had been merged and those laws were also
Repealed and U.P Zamindari Abolition and Land Reform Act, 1950(Act No. 1 of 1950) was
introduced w.e.f 1st of July, 1950 and it remain in operation till 10.2.2016. During this period
of time number of amendments were done and some of the provisions of law became
redundant by efflux of time. Therefore, State legislature realised that this act of 1950 was
replaced introducing new act and it became possible on 11.2.2016 whereby new code, U.P
Revenue Code, 2006 is being substituted. The Present Code is more conclusive, easier and
explanatory than earlier act. The Unused provisions have been replaced and clarified. Under
the code, massive change has been done to this effect that 32 acts mentioned under the
schedule- first and 7 Act from Schedule- Second of the code have been repealed including the
U.P Zamindari Abolition and Land Reform Act, 1950 and U.P land Revenue Act, 1901. It is
commonly known that under repealed act the ponds were being re-allotted after completion
of 10 years to the same allottee under old section 197(2) but at present under rule 57(12) &
58 read with Section 61 of the code, neither re-allotment shall be done nor its term shall be
extended further and minimum rate of premium of Rs. 4000 per acre has been fixed by code.
The Bhumidar with non-transferable rights were getting their transferable rights after
completion of 10 years from the date of allotment under section 131-B of the act, 1950 but at
present such allottee shall get right to transfer the land just after 5 years from the date of
allotment under section 76 of code. Similarly, the mutation proceeding has been made easier
and to complete it within time frame under section 34 & 35. The encroachment over the
public land is punishable and no legal right shall accrue thereupon. Now, the physically
disabled person has right to let out the land on lease either to third person or in favour of co-
sharer under Section 95 and 96 respectively. The code specifies that any lease executed in

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violation of conditions mentioned under section 103 of the code, the bhumidhar or Asami
shall lose his interest from the land and such transfer of land become void and merged into
the state.
The landless person, who was not having any land just prior to two years from the date of
allotment shall be entitled for allotment of land under Section 126(1) (3) and the application
for the cancellation shall not be moved later to 5 years under section 128(1-A) of the code.
The lodging of Caveat and constitution of committees have been introduced under Section
225-B and 225-C at first time under the code; whereby the aggrieved person has got to right
to contest in safeguard of his interest and at the village Panchayat levels the collector has got
power to constitute the committees headed by Chairman and 4 members represented by all
persons of the society including persons of general communities, females and OBC & SC/ST.
It may be noted such provision was not framed under previous act.In view of above
provisions, the new revenue code is more codified and clear in protection of rights of
Villagers, who are attached at root level with agriculture.

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Attachment of immovable Property.
Despite being any law prevailing at the time, the collector has power to pass order against the
defaulter for the recovery of arrears of land revenue through attachment and sale of other
immovable property of defaulter. But at the time of passing such order, the collector shall not
pass any other order to attach and sale of residential house or other building with material and
site thereof.
The collector has power to attach the holding under section 174 and let out on lease for
period of not more than 10 years due to failure of deposit of land revenue by the land holder
and after the expiry of period of lease the holding shall be returned to the tenure-holder.
Similarly, the collector has been further empowered to attach the holdings for the recovery of
land revenue and sale of the land adopting due process of law as described under section 177
of the code. However, the collector shall not sell the residential building and upper tenant
land adjacent to such building.
At the time of attachment of the holdings, the collector shall adopt the procedure under order
21, rule 54 of CPC, wherein it establishes that the order shall require the judgement-debtor to
attend court on a specified date to take notice of the date to be fixed for setting terms of the
proclamation of the sale. Pursuant to such order the collector shall prohibit the judgement
debtor not to transfer or alienate the property in any other way. The proclamation order shall
be pasted at a conspicuous place adjacent to the property and the local residents shall be
intimated by beat of drum or other customary mode.

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Objection against the attachment
When the land-revenue becomes due against the tenure holder and such person is declined
defaulter and in lieu thereof land is attached under Section 182 and against such attachment if
any person other than defaulter raises an objection under section 183 claiming his right, the
collector shall hold an enquiry regarding his legal right and thereafter after being satisfied
record his findings and ultimately either the collector shall accept or reject the claim. At the
time of considering the objection the collector shall consider the following points as under:-

1) If the objector has raised such objection after the execution of sale of the land;
2) The objector has deliberately raised objection after more than 30 days as highly
belated before the collector.
The collector shall decide such objection by reasoned order. The aggrieved person has right
to prefer an appeal within the period of 2 months(60 days) from the date of order before the
commissioner, who shall decide the appeal on merit of the appeal in accordance with law. If
no appeal has been preferred against the order of collector the order passed by collector shall
be final. In this regard, dispute arose against the confirmation of sale without affording any
opportunity of hearing to the legal heir of deceased borrower. The brief facts of this case are
being referred as under:- feeling aggrieved from impugned orders of additional
Commissioner and order of board of revenue Lucknow the petitioners preferred writ petition
challenging the confirmation of auction sale of land belonging to the petitioner. The land of
the petitioners had been auctioned for recovery of auction charges. Under Section 285-I of
Act, 1950 stating that father of the petitioner. Data Ram expired in year 1993. Objection filed
against the auction proceedings was dismissed in default year 1994. Subsequently, in 2003
the collector confirmed the auction sale and auction purchaser was interfered in peaceful
possession of petitioner’s land and thereafter to recall the order dated 18.10.1994 with delay
condonation application was moved by legal heirs of late Data Ram and for substitution of
their names in the proceeding.
The recall application and delay condonation application was rejected on the ground that no
proper explanation of delay was explained, in proceedings by the additional Commissioner.
Consequently, by the board of Revenue lucknow also dismissed the revision without
considering that opportunity of hearing to the objectors was necessary but respondent No. 1
did not apply its judicial mind and committed grave injustice. The petitioner challenged both
orders invoking writ jurisdiction before High Court on the ground that violating the principles
of Natural Justice Land was auctioned and subsequently the delay condonation application
and revision both were dismissed illegally on the basics of technicalities. The petitioner
placed reliance on the various judgements wherein the Hon’ble Apex court had condoned the
delay and allowed the application of delay condonation taking the aim and object that
substantial justice should be done. The Court further took the view that primary function of
the court is to adjudicate and decide the matter on merit between the parties in order to settle
their grievances and quashed the impugned order.

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Proclamation
The Hon’ble Court considering the arguments of the parties held that it was most essential to
ascertain that what minimum part of the land of borrower could satisfy the arrears and to
extent land was to be put up for auction but the respondent authorities failed to do so. It was
further observed that in exercise of powers under Rule 285-B, the state is not supposed to
take over or purchase the property of a person even though he is a defaulter for less than the
market value. It is supposed that the property of a person should not be sold for market value
and excess amount, if any amount was to be refunded to the recorded owner; hence the land
purchased in RS 1/- by the State cannot be approved in any manner.
Under Section 184, before holding the sale of immovable property in following the
provisions of this chapter, the collector or any assistant Collector authorised by the collector
shall prepare the details of land as under :-
1) The description of the land as required for sale.
2) Circle rate of land, reserved price (minimum) for the sale and market value of land
prevailing at the time;
3) Payable land-revenue,
4) The encumbrances pending against the land,
5) Total arears for recovery against the land put for sale,
6) date of sale of land, place and time,
7) any other requirement as the collector thinks fit and proper.
After the preparation of above details such description of the land should be pasted for public
notice under Section 185 on the notice boards of the tehsil and office of collector as well as at
the office of village Panchayat of the Village, wherein land is situated and one copy of such
proclamation shall be served upon the defaulter at the outside of the door.

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Bibliography
Uttar Pradesh Revenue code, 2006 by R.R Maurya, Central law pub.

Commentary on Uttar Pradesh Revenue Code by R. N. Chaudhary,EBC