The Allahabad High Court has clarified that a sub-divisional magistrate (SDM) does not have the authority to declare any individual as the owner (‘bhumidhar’) of land. The ruling emphasizes that such determinations must be made through appropriate judicial proceedings under the Uttar Pradesh Revenue Code, 2006.
Justice Kshitij Shailendra delivered the judgment while hearing a writ petition filed by Jayraj Singh. The petitioner sought a court directive to compel authorities to grant him absolute bhumidhari rights, citing his long-term possession and occupancy of the land in question.
The petitioner’s counsel argued that due to prior administrative proceedings related to a lease granted to Singh, coupled with the passage of time, Singh had acquired the status of a bhumidhar with transferable rights.
However, the court, after examining the provisions of the Uttar Pradesh Zamindari Abolition and Land Reforms Act and the UP Revenue Code, held that neither an SDM nor any officer has the administrative authority to confer such ownership rights.
“In view of the scheme of the Code, 2006, notwithstanding that the petitioner might have acquired status as that of Bhumidhar with transferable rights, such an aspect needs adjudication by the Sub-Divisional Officer in appropriate suit proceedings under Section 144 of the Code, 2006 (Declaratory suit), where the State as well as Gram Panchayat shall be necessary parties and would have their say in the proceedings,” the court ruled.
The judgment reiterates that land ownership claims must be resolved through judicial processes, and not through administrative orders issued on the basis of simple applications.
