Abadi

Abadi or Village Ababdi? Residential, inhabited part of a village in India. Excludes agricultural land, encompassing areas for houses, small shops, common spaces (like wells, groves)

Land Which is Allotted to Abadi Sites(sec 64):
This is residential land within village boundaries
This is distinct from agricultural plots, local amenities, often managed by Village Panchayats
SDO may mark all lands coming under Gram panchayat as Abadi site

Bhumi Prabandhak Samiti / Land Management Committee (sec 28A)

What? This is statutory body functioning under the Gram Panchayat to manage land vested in the Gaon Sabha or Gram Panchayat. Pradhan (head) is chairperson and other members drawn from the panchayat. Gram Panchayats follow State/Central laws but must cooperate with Revenue Depts, as Revenue Orders on record (mutation/partition)
Managed Land? The Samiti manages lands entrusted to the Gram Panchayat, such as abadi sites (residential plots), common pastures, or surplus agricultural land. Allocation happens after approval from SDO.
How land is allocated? first to those with no land(scheduled castes/tribes), then minimal holders.
Example of Allocation In a typical Uttar Pradesh village, if 5 acres of Gaon Sabha land become available for housing, the Bhumi Prabandhak Samiti announces plot details publicly, invites applications from landless locals (prioritizing SC/ST families), holds a meeting to select via consensus or lottery
Do Panchayats Obey Revenue Orders?
Yes, Panchayats act as custodians/trustees of entrusted lands and must follow State laws, including Revenue Codes.

Gram Panchayat

How land comes to Gram Panchayat? State Governments often vest public properties (lands, forests, ponds, roads) under the Gram Panchayat's control for management, preservation, and control, which is contolled by LMC
Functions of Gram Panchayat? Functions: GP manage infrastructure (roads, water), sanitation, local taxes, and development programs, ensuring local governance and service delivery.
How to Stop wrongful occupation of Gram Panchayat Property
Lekhpal or Bhumi Prabandhak Samiti (Land Management Committee) reports damage/misappropriation/wrongful occupation to the Assistant Collector.
Assistant Collector
  Conducts a proper inquiry, getting details (plot, value, person responsible, duration).
  Issues notice to the person concerned to explain why they shouldn't pay compensation and be evicted.
  Affords a reasonable opportunity to all parties to be heard.
  Passes appropriate orders for compensation and eviction if satisfied about the violation

People

Bhumidhar

Holds land directly from the (Collector/State)(not gram panchayat).
Non Tranferable Rights
A Bhumidhar with non-transferable rights holds land allotted by Bhumi Prabandhak Samiti. He can do(agriculture, dairying, or horticulture) but cannot(sale, lease, mortgage, or gift). After 10-12 years of continuous use, non-transferable Bhumidhars may apply for conversion to full transferable rights

Transferable Rights
full ownership(use, sell, gift, bequeath, or transfer holdings) with ceiling limits (e.g., not exceeding 12.5 acres to avoid vesting excess in the state)
People with excessive land cannot purchase

Succession of Male Bhumidhar
first upon widow, third gender spouse, unmarried daughters, male lineal descendants
Devolution
Transferring property by bhumidhar to its heirs after death.
Conditions for Devolution(Sec 107-115):
1. No will exists: Property devolves based on Hindu Succession Act principles
2. Bhumidhar can give land to non-heirs in their will
3. person who murders or abets the murder of a bhumidhar is disqualified from inheriting their interest.
4.Inheritor need to report Revenue Inspector for mutation
5. ESCHEAT: If no heirs exist, the land may revert to the State

Asami / Tenant

Asamis are tenants who cultivate land directly from a Bhumidhar or government authority without ownership
Grounds for Ejecting Asamis? expiry of the lease, violation of exclusive possession rights, invalid leases breaching

Thekedar (Tenant)

A thekedar is a tenant/lessee who held sir and khudkasht land from Proprietor (Lessor)
Thekedar is defined as Intermediaries
U.P. Zamindari Abolition and Land Reforms Act, 1950 aimed to abolish intermediaries
Acquisition of Rights:
If a thekedar was in personal cultivation of the land on the date the Act came into force, they could become a hereditary tenant or Asami
Tenants cultivating under the thekedar were often upgraded to the status of Adhivasis (statutory occupants), giving them more secure land tenure rights

Zamindar

Before-1950 Zamindar was landowner or intermediary collecting rents for their own/other lands
Post-zamindari abolition, they became bhumidhar of their sir, khudkasht land
What rights are retained by intermediaries inspite of abolition of UP zamindari & land reform act 1950?
Sec-7 (Vesting of Estates): intermediaries got compensation and specific rights over their private lands/assets (like groves, home sites, wells, trees)
Sec-9 (Personally cultivated Lands): granting bhumidhari rights (ownership) to intermediaries over lands they personally cultivated (sir/self-cultivated)
Section 18 (Rights over Groves(Bagh)): Groves(enclosed land planted with fruit trees) means Bagh(eg Aaam ka bagh). They remain owners
Other Rights: Rights over trees, wells, fishing remains with intermediaries

Allotee

A person(often landless, poor, SC/ST/OBC) granted land for specific use (house), can't easily sell, and get possession via Sub-Divisional Officer (SDO) order under Section 65 of UP Revenue Code. Allotee can become a full Bhumidhar
Process of delivering land to Allottee
Application: If someone else occupies the allotted land, the allottee applies to the Sub-Divisional Officer (SDO).
SDO Action: The SDO can initiate proceedings on their own or upon application.
Eviction: The SDO orders the removal of the illegal occupant.
Handover: The SDO then physically places the allottee in possession of the land, ensuring they get control of their allotted plot.
Allotment consequences
1. Rights: The allottee gains rights to use the property (land, plot, etc.)
2. Obligations: Incurs obligations as timely payments
3. Enjoys rent
4. penalties of paying with delays.
5. Creates a contractual/statutory relationship
Restoration of Possession to Allottee
if allotment is cancelled and authority finds cancellation was illegal/arbitrary or allottee has paid the arrears/penalties, authority formally hands over possession

Allotee vs Bhumidhar

Lands

Sir Land (Owned by Owner)

Term is from pre-zamindari system
Land that was under the personal control landholder (zamindar). Landowner can give land on lease or cultivate self
Example: A Zamindar owns a large plot of sir land that he rents out to several tenant farmers who cultivate the land and pay rent. The Zamindar is the legal owner but is not involved in the day-to-day farming operations

khudkasht Land(ownership and personal cultivation)

Khud(self), kasht(cultivation)
Example: A landlord owns a piece of land where they, along with their family or a few hired workers, actively farm crops like wheat or sugarcane.

Attachment of Land

Attachment means preventing a debtor (judgment-debtor) from selling, transfer to satisfy a decree or revenue demand. Example: Example: A Collector attaches Farmer Ram's field for unpaid land revenue. Ram can't sell it; the court takes control for sale to recover revenue
Procedure for Attachment & Sale in UP Revenue Code
1. Decree Holder (DH) applies for execution of decree OR Collector issues order for revenue recoverybr> 2. Order pasted on property, courthouse, public places; drum-beat/customary announcement informs public
3. JD or others can object (Sec 183). Collector holds inquiry and decides, ensuring due process.
4. If no objection or claim rejected, Collector issues sale proclamation, fixes date/place
5. Property sold by public auction to highest bidder

Land Revenue Assessment (Chapter 11)

Detials how land revenue is fixed, varied, and paid by Bhumidhars (landholders)
1. Involves establishing the revenue amount based on land type, holding size, and location
2. Allows for changes in revenue due to various factors (e.g., irrigation, natural calamities, land improvement)
3. equires publication of assessment orders in local newspapers and on Collectorate notice boards for public awareness
4.Defines roles for revenue officials like the Collector, Commissioner, and Record Officer

Repeal(revoke) and Savings

repealing nearly 32 British-era legislations, many of which were inconsistent.
Repeal(sec 230): Repeals the various clauses eg U.P. Land Revenue Act, 1901, and the U.P. Zamindari Abolition and Land Reforms Act, 1950. A proviso allows actions under the old laws, like rules and records, to remain in effect unless inconsistent with the new Code, or until new actions are taken.
Applicability to Pending Proceedings(Sec 231): Those pending should be decided as per law
Power to Remove Difficulties(sec 232): gives the State Government the authority to issue orders
Power of revenue board to make regulations(se 234)

Surrender vs Abandonment

Lease of land by gram panchayat

Gram Panchayat (village council) via Bhumi Prabandhak Samiti leases out land to Asamis (tenants) for a set period, Samiti collects rent/lease money (Malikana/Laglagan) from Asamis.
Bhumidhar pays land revenue (Malikana) to the government.

Cancellation of a declaration

Land previously declared for non-agricultural use is returned to agricultural use
Declaration is made under Section 80 of the Code is cancelled
Process of cancellation:
Sub-Divisional Officer (SDO) orders the cancellation
SDO can initiate by his own or by application made by an interested party.
SDO must conduct a prescribed inquiry before cancelling the declaration.
cancellation order is officially signed by the SDO, bear the court seal

Set Aside Sale

Making sale done in public auction of immovable property (like agricultural land) conducted by a revenue officer (Collector/Tehsildar) as null and void within 30 days.
Reasons: material irregularity, fraud, or mistake
Who can apply? Original Owner of land
Process to follow
1. Original Owner of land will File an application with the Collector, stating the grounds (irregularity/fraud) and making the required deposits.
2. Deposit is 5% of the purchase money, which would be returned if sale is set aside
3. Collector gives notice to affected parties (like the purchaser).
4. 30 days show cause notice
5. If the grounds are proven (material irregularity/fraud), Collector set aside the sale recording reasons in writing

Terms

Family: tenure-holder (himself or herself) and their spouse. sons, daughters, Also includes third-gender spouses and minor issues.
Improvement: works or constructions made on land to enhance its value or productivity. Eg: irrigation facilities, wells, or permanent structures
Disputes Regarding Boundaries(sec 20-24): determination, maintenance, and settlement of boundary disputes by Revenue Officers
Maintenance Map and Field Book: Maintain village maps (Shajra) and the field book (Khasra) as core land records. managed by Record Officers and Assistant Record Officers
Mutation in Cases of Succession or Transfer(Sec 33-35): Mutation(process of updating the land records to reflect changes in ownership due to succession (inheritance) or transfer (sale, gift, will)). parties to report such changes to the Tehsildar after which the new ownership is recorded in the Khatauni (record of rights)
Title of State in All Lands, Mines, and Minerals: All vest in the State Government
Remedies to Wrongful Ejectment: Code protects tenure-holders from unlawful eviction
Section-4:
2 (Village): Refers to any local area recorded.
23 (Agricultural Year/Fasli Year): Year beginning on the 1st/July and ending on the 13th/June of the following calendar year
24 (Intermediary/thekedar): Tenure-holder of an estate whose rights are abolished by the Zamindari Abolition Act.
Taungya Plantation: agricultural crops are grown in conjunction with forest trees
Village Artisan: individuals residing in a village who practice traditional crafts

Section-6(Division of State into Revenue Areas)

The State Government may divide UP into a number of territorial divisions called circles, which are then subdivided into districts, and further into tehsils, and finally into Lekhpal circles.

Section 14 (Subdivision Officer(SDO) and Additional Subdivision Officer)

Collector can provide certain powers to SDO. He reports to collector

Section-21:

Combination Officers/Collector (Circle Officer): Establishes a hierarchy of revenue officers, from the Board of Revenue down to the Lekhpal.
Lekhpal: Responsible for maintaining village records and reporting matters like the destruction of boundary marks to the Naib-Tahsildar.
Revenue Officer:supervises the work of Lekhpals in a circle.
Naib Tehsildar: A revenue officer with specific powers

Section-22:

Recovery of damages for destruction of boundary marks: Naib-Tahsildar is informed, cost of repair or replacement is recovered

Section-26:

Tehsildar: revenue officer responsible for a tehsil, having administrative and judicial functions, including the removal of obstacles from public land
Collector: Chief officer of revenue administration(appinted by State govt).

Section-41(Kishan Bahi)

It is a consolidated pass-book supplied to every tenure-holder (like a Bhumidhar) by the Collector upon the preparation of the Record of Rights (Khatauni).

Section 49(Procedure of Revision of Maps and Records)

For revising the map and records (Khatauni), the Record Officer initiates a survey, map correction, field-to-field inspection (partal), and verification of the current record.

Section-60(Gaon Sabha Management / Bhumi Prabandhak Samiti (BPS))

Gram Panchayat, that acts as the Land Management Committee for the Gram Sabha. The BPS is responsible for the general superintendence, management, and control of all land (except land belonging to or held by a tenure-holder)

Section-64(Allotment of Abadi Sites)

Bhumi Prabandhak Samiti (BPS) allots land reserved for abadi (residential) purposes. Preference order:
1. Agricultural labourers/Village artisans belonging to SC/ST, Other Backward Classes (OBC)
2. Other SC/ST and OBC
3. Preference within the same category is given to a widow or physically handicapped person

Section-67:

Penalty for cutting or removing trees illegally: compensation as arrears of land revenue

Section 68(Gaon Fund and its Income)

fund constituted for every Gram Panchayat (or group of Gram Panchayats) under the U.P. Panchayat Raj Act, 1947. Money comes from Contributions and grants made by the State Government. Proceeds of all dues, fees, and penalties recoverable under the Code.

Section-109:

Succession to woman inheriting land: If a woman inherits an interet (e.g., a daughter or widow) and subsequently dies, marries, or remarries, her interest devolves upon the nearest surviving heir

Section-136(Ejectment and Trespassing of Gaon Sabha Land)

SDO can eject any person who has taken or retained possession unlawfully of any land belonging to or entrusted to the Gram Sabha/local authority.

Section-149:

Grounds on which govt lease may be evicted from his land: if They fail to pay rent within six months of it becoming due. They use the land for a purpose other than that for which it was granted. The term of the lease has expired or been cancelled. They contravene any terms or conditions of the lease

Section 170:

Process of recovery of arrears: Sale of movable property, arrest and detention, attachment of holding, lease or sale of holding.

Officers

Collector(known as District Magistrate or Deputy Commissioner)     // District Head. Manage district, Resolves disputes. Hears Appeals
    /\
SDO / ASDO / Additional Collector   //Manage subdivisions
    /\
Tehsildar (Manages a Tehsil)
    /\
Revenue Officer / Naib Telsildar / Record Officer
    /\      reports
Lekhpal(Patwari)    //Village-level functionary; maintains village maps (Shajra), land records (Khatauni)
        

All work on maintaining land records, collect revenue, resolve disputes, and implement land laws

Courts

Revenue Court(sec 4)

This handles land and revenue-related disputes. Judges here are revenue officers as Collector, Tehsildar, SDO, Naib Tehsildar and their Chambers serves as court rooms
Handles land revenue, agricultural land boundaries, tenancy, and ownership, and to manage land records and collection of land revenue.
Can person go in Civil court taking his revenue matter? No, civil courts are generally barred from hearing these cases.
Appeal Hierarchy: An appeal against a Tehsildar's order typically goes to the Sub-Divisional Officer (SDM) or Collector

Revenue Division

Administrative area within the state, comprising two or more districts

Revenue Board (Topmost)

Apex judicial and administrative body for land and tax revenue matters at the state level. It is the highest revenue court in a state and its presiding officer is a high-ranking official who is superior in the revenue hierarchy to a district collector in revenue matters. The Chairman and members of the Board of Revenue are superior in rank and authority to a district collector within the revenue administration hierarchy.
Constitution of a Revenue Board
consists of a Chairman and other members (both administrative and judicial) appointed by the state government. exact number and qualifications of members can vary by state.
Powers and Decisions of the Board
It is the highest court of appeal and revision in revenue cases
hearing final appeals against decisions from lower revenue courts like those of Commissioners, Collectors, Tehsildars, and Naib Tehsildars.
It has the power to call for records from subordinate courts to satisfy itself about the legality
Generally, these decisions are not appealable to the High Court, though they may be subject to judicial review on constitutional or procedural grounds

Land Record Types

Khasara vs Khatuni

Categories of land tenure holders

Bhumidhar with Transferable Rights (S. 75)
Bhumidhar with Non-Transferable Rights (S. 76)
Asami (S. 78)
Government Lessee (S. 147): A person who has leased land directly from the government

Cases

Samharu vs Dharamraj Pandey (1970)
plaintiffs sued to eject defendant Samharu from disputed plots, claiming him a mere licensee. The verdict ruled Samharu an asami (sirdar) with tenancy rights
Vikram Singh vs. Krishna Kumar Singh
Umrai was owner of sir and khudkasht plots allotted to her for maintenance without transfer rights. Umrai sold these plots to Vikram Singh in 1964, to which Dharamraj Pandey opposed. trial court voided the sale deed
Chandra Shekhar Yadav vs. State of U.P. (Enchroachment)
Chandra Shekhar Yadav illegally captured village land, collector asked to evict. CS challenged collector order in HC. HC asked to vacate
Zaheer Ahmad vs. Akeedan (Smt Akeedan case) (2023): Land Records & Mutation (Changes in Ownership Records):
Jhinka Devi vs. State of U.P. (2022)(Powers of the Board of Revenue)