Allahabad High Court Dismisses PIL Challenging Vires Of 'Uttar Pradesh Land Record Manual' With ₹10K Cost

The Allahabad High Court recently dismissed a writ petition styled as a Public Interest Litigation (PIL) plea filed seeking a declaration of the Uttar Pradesh Land Record Manual as ultra-vires the Uttar Pradesh Revenue Code, 2006, and the Revenue Code Rules, 2016.

The Bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava also imposed a cost of Rs. 10,000/- on the petitioner (Shailesh Kumar Mishra) on account of the non-maintainability of the plea.

It may be noted that the U.P. Land Record Manual provides the rules and procedures for the preparation and maintenance of Land Records. On the other hand, the U.P. Revenue Code, 2006 was promulgated to consolidate and amend the law relating to land tenures and land revenue in the State of Uttar Pradesh and to provide for matters connected therewith and incidental thereto.

The case before the Court

Essentially, Mishra had moved to the High Court in the capacity of a social worker and farmer claiming that he had no personal interest and the plea was being filed for the benefit of the villagers and the public at large.

It was contended by him that the PIL plea raises the issue for the general interest of the public as U.P. Land Record Manual is an old Manual and is not according to U.P. Revenue Code, 2006.

On the other hand, the state of UP opposed the PIL plea on the ground that the vires of the U.P. Land Record Manual cannot be challenged/questioned in a writ petition styled as Public Interest Litigation.

A categorical stand was taken that the provisions of an enactment can be struck down as ultra-vires only on two grounds (i) due to lack of legislative competence, or (ii) violation of any of the fundamental rights of any other constitutional provision.

Lastly, it was submitted that the petitioner had failed to establish that the relevant provisions of the Manual were actually violative of any fundamental rights as envisaged under Article-14 of the Constitution of India or there is a lack of legislative competence.

Court's observations

Against this backdrop, the Court, at the outset, noted that it did not find a single word which could convey that the petitioner is a person who is directly aggrieved. Further, the Court also noted that the petitioner had not been able to prove that the Manual was brought into being sans legislative competence.

Regarding the vire of the Manual, the Court specifically observed that U.P. Land Record Manual merely provides the manner and procedure to maintain the land records.

The Court further noted that Section 234(3) of the U.P. Revenue Code, 2006 provides that the Land Record Manual in force on the date of commencement of the Revenue Code, 2006, shall continue to remain in force, to the extent they are not inconsistent with the provisions of the Revenue Code, 2006 until amended rescinded or repealed by any regulations made under this Section.

In view of this, refusing to entertain the PIL plea, the Court remarked thus:

"Section 234(3) of the U.P. Revenue Code, 2006, itself takes care of the inconsistency of the Land Record Manual and upholds it only to the extent it is not inconsistent with the provisions of the Revenue Code, 2006. We are of the opinion that this is not a fit case where PIL jurisdiction should be invoked or exercised."

Accordingly, the Court dismissed the petition on account of non-maintainability by imposing a cost assessed at Rs. 10,000/- to be deposited with the High Court Legal Services Committee, High Court, Allahabad, within 45 days from the date of the order.

Case title - Shailesh Kumar Mishra v. State Of U P And Another

Case Citation: 2022 LiveLaw (All) 178

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