# Hari Prasad Pandey v. State of U.P. & Ors

- **Citation:** (2024) 10 ILRA 877
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2024-10-04
- **Case number:** Writ-C No. 11091 of 2024
- **Bench:** Dr. Yogendra Kumar Srivastava
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/hari-prasad-pandey-v-state-of-u-p-ors-51146
- **Pages:** 7

## Headnote

A. Revenue Law - Alternative remedy -
Uttar Pradesh Municipalities Act, 1916 -
Section 3 - Uttar Pradesh Zamindari
Abolition and Land Reforms Act, 1950:
Section 1(2) - U.P. Urban Areas Zamindari
Abolition and Land Reforms Act, 1956 -
U.P. Land Revenue Act, 1901 - The writ
petition is not entertained on the ground
of
the
availability
of
the
statutory
alternative remedy of a revision u/s 27 of
the Revenue Code.

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. (Para 28)

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 u/s 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. (Para
27)
878 INDIAN LAW REPORTS ALLAHABAD SERIES
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. (Para 26.1)

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. (Para 26.2)

There is no manner of doubt w.r.t. the
applicability of the provisions u/Ss 25, 26 and 27
of the Revenue Code under Chapter V thereof to
the area in question. The objection raised by the
petitioner w.r.t. the jurisdiction of the concerned
respondent authority in passing of the order
exercising powers u/s 25, is therefore held to be
legally untenable. The order dated 03.01.2023
passed by the respondent No. 4 exercising
powers u/s 25 of the Revenue Code, having
been held to be unassailable on the ground of
lack of jurisdiction, the contention raised by the
petitioner w.r.t. the bar of the availability of the
statutory alternative remedy u/s 27 being not
applicable, cannot be sustained. (Para 29, 30)

Writ Petition disposed of. (E-4)

Present petition assails the order dated
03.01.2023, passed by the respondent No.
4,
the
Tahsildar,
Tehsil
Manjhanpur,
District Kaushambi, in proceedings u/s 25
of the U.P. Revenue Code, 2006, and also
praying for certain ancillary reliefs.

## Text

10 All. Hari Prasad Pandey Vs. State of U.P. & Ors.
877
any enactment or in any instrument or
contract having effect by virtue of any
enactment other than this Act. The
provisions of the Act prevail over all other
enactments or instruments or contracts so
far as the payment of gratuity is concerned.
The right to receive gratuity under the
provisions of the Act cannot be defeated by
any instrument or contract."

45.

In
view
of
aforesaid
discussion, the question no.2 is also
answered in favour of petitioners.

46. Considering aforesaid answers
to the questions, Government Orders dated
30.03.1983 and 04.02.2004 are hereby
quashed to the extent of denial of gratuity
benefits to such Teachers who exercised
their option to continue in service for the
extended period.

47. Opposite parties are directed to
ensure
payment
of
gratuity
to
the
petitioners alongwith interest @ 6% per
annum on such arrears with effect from the
date of their superannuation till the date of
actual
payment.
Compliance
of
the
aforesaid directions shall be made by the
opposite parties positively within a period
of six months from the date a certified copy
of this order is served upon the concerned
authorities.

48. Resultantly, the petition
succeeds and is allowed. Parties to bear
their own costs.
----------
(2024) 10 ILRA 877
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 04.10.2024

BEFORE

THE HON'BLE DR. YOGENDRA KUMAR
SRIVASTAVA, J.

Writ-C No. 11091 of 2024

Hari Prasad Pandey ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Sri Anurag Tripathi, Ms. Garima Chauhan,
Sri Jainendra Pandey, Sri Rahul Kumar
Mishra

Counsel for the Respondents:
C.S.C., Sri Madan Mohan Srivastava

A. Revenue Law - Alternative remedy -
Uttar Pradesh Municipalities Act, 1916 -
Section 3 - Uttar Pradesh Zamindari
Abolition and Land Reforms Act, 1950:
Section 1(2) - U.P. Urban Areas Zamindari
Abolition and Land Reforms Act, 1956 -
U.P. Land Revenue Act, 1901 - The writ
petition is not entertained on the ground
of
the
availability
of
the
statutory
alternative remedy of a revision u/s 27 of
the Revenue Code.

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. (Para 28)

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 u/s 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. (Para
27)
878 INDIAN LAW REPORTS ALLAHABAD SERIES
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. (Para 26.1)

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. (Para 26.2)

There is no manner of doubt w.r.t. the
applicability of the provisions u/Ss 25, 26 and 27
of the Revenue Code under Chapter V thereof to
the area in question. The objection raised by the
petitioner w.r.t. the jurisdiction of the concerned
respondent authority in passing of the order
exercising powers u/s 25, is therefore held to be
legally untenable. The order dated 03.01.2023
passed by the respondent No. 4 exercising
powers u/s 25 of the Revenue Code, having
been held to be unassailable on the ground of
lack of jurisdiction, the contention raised by the
petitioner w.r.t. the bar of the availability of the
statutory alternative remedy u/s 27 being not
applicable, cannot be sustained. (Para 29, 30)

Writ Petition disposed of. (E-4)

Present petition assails the order dated
03.01.2023, passed by the respondent No.
4,
the
Tahsildar,
Tehsil
Manjhanpur,
District Kaushambi, in proceedings u/s 25
of the U.P. Revenue Code, 2006, and also
praying for certain ancillary reliefs.

(Delivered by 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
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, Purab-Paschimsharira, 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/IX-10-2019-28T.A./-19, dated
31.12.2019, issued by the Uttar Pradesh
10 All. Hari Prasad Pandey Vs. State of U.P. & Ors.
879
Shasan, Nagar Vikas Anubhag - 1,
exercising powers under Clause (2) of
Article 243-Q 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 - IX-A of the Constitution, and a
Nagar Panchayat shall be constituted for
the same, which would be known as Nagar
Panchayat,
Purab-Paschim
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
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-section (1), the provisions
of any Act, rule or regulation in force in the
area referred to in the said sub-section,
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 sub-section (1)."

10. The enactment of the Revenue
Code has resulted in repeal of certain
880 INDIAN LAW REPORTS ALLAHABAD SERIES
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 sub-section (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
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 tenure-holder 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 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
10 All. Hari Prasad Pandey Vs. State of U.P. & Ors.
881
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 water-course 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 Sub-Divisional
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 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 sub-section (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
sub-section 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
882 INDIAN LAW REPORTS ALLAHABAD SERIES
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 sub-section (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 sub-section (2) of
Section 1, as aforesaid, the Z.A. Act, 1950
extended to the whole of 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 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. Sub-section (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.

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.
10 All. U.P. Bhumi Sudhar Nigam Thru. Managing Director Vs. Appellate Authority Under P.G.
 Act Lko. & Ors.
883
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.

 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
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.
----------
(2024) 10 ILRA 883
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 04.10.2024

BEFORE

THE HON'BLE ALOK MATHUR, J.

Writ-C No. 11317 of 2020

U.P. Bhumi Sudhar Nigam Thru. Managing
Director ...Petitioner
Versus
Appellate Authority Under P.G. Act Lko. &
Ors. ...Respondents

Counsel for the Petitioner: