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Allahabad high court typing
created Sep 1st 2021, 06:33 by Gulshan Kumar
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Before proceeding to appreciate the rival contentions of the parties, it would be appropriate to refer to the relevant statutory provisions on the subject matter of the controversy involved in the present case.
8. The Code, 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.
9. For ease of reference, Sections 5 and 6 of the Code, 2006 are being extracted below:-
"5. Division of State into revenue areas.--For the purposes of this Code, the State shall be divided into revenue areas comprising of 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.
6. Constitution of revenue areas.-- (1) The State Government may, by notification, specify--
(i) the districts which constitute a division;
(ii) the tahsils which constitute a district;
(iii) the villages which constitute a tahsil.
(2) The State Government may, by notification, alter the limits of any revenue area referred to in sub-section (1) by amalgamation, re- adjustment, division or in any other manner whatsoever, or abolish any such revenue area and may name and alter the name of any such revenue area, and in any case where any area is renamed, then all references in any law or instrument or other document to the area under its original name shall be deemed to be references to the areas as renamed unless expressly provided otherwise:
Provided that before passing any order under this sub-section on any proposal to alter the limits of any revenue area.
As pointed out earlier, Section 4(1) empowers the Deputy Commissioner to do two things, namely, (i) to declare an area as a Mandal, and (ii) to specify its headquarter. The word 'also' preceding the words 'specify its headquarter' cannot be understood to convey that the power once exercised would stand exhausted. Such a construction sought to be placed by counsel for the respondent does not accord with the language of the provision. It merely conveys that when the Deputy Commissioner constitutes a Mandal for the first time it will be necessary for him to specify its headquarter also.
8. The Code, 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.
9. For ease of reference, Sections 5 and 6 of the Code, 2006 are being extracted below:-
"5. Division of State into revenue areas.--For the purposes of this Code, the State shall be divided into revenue areas comprising of 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.
6. Constitution of revenue areas.-- (1) The State Government may, by notification, specify--
(i) the districts which constitute a division;
(ii) the tahsils which constitute a district;
(iii) the villages which constitute a tahsil.
(2) The State Government may, by notification, alter the limits of any revenue area referred to in sub-section (1) by amalgamation, re- adjustment, division or in any other manner whatsoever, or abolish any such revenue area and may name and alter the name of any such revenue area, and in any case where any area is renamed, then all references in any law or instrument or other document to the area under its original name shall be deemed to be references to the areas as renamed unless expressly provided otherwise:
Provided that before passing any order under this sub-section on any proposal to alter the limits of any revenue area.
As pointed out earlier, Section 4(1) empowers the Deputy Commissioner to do two things, namely, (i) to declare an area as a Mandal, and (ii) to specify its headquarter. The word 'also' preceding the words 'specify its headquarter' cannot be understood to convey that the power once exercised would stand exhausted. Such a construction sought to be placed by counsel for the respondent does not accord with the language of the provision. It merely conveys that when the Deputy Commissioner constitutes a Mandal for the first time it will be necessary for him to specify its headquarter also.
