Tehsildar Can Correct Revenue Records During Pendency Of Acquisition Proceedings: Nagpur Bench of Bombay High Court
🔷 1. Understanding the Statement
The phrase means:
A Tehsildar (a local revenue officer) has the authority to make corrections in land/revenue records, even while land acquisition proceedings are going on.
In simpler terms:
Even if the government is acquiring someone's land (for a public project, etc.),
The Tehsildar can still update or correct entries in the revenue records, for example:
Updating ownership,
Fixing clerical errors,
Removing deceased names, etc.
Such corrections do not interfere with or halt the acquisition process.
🔷 2. Legal Reasoning (Without External Law)
Here’s how this holds up legally:
✅ A. Purpose of Revenue Records
Revenue records (like land ownership, mutation entries) are administrative in nature.
They are not conclusive proof of ownership but are used for fiscal purposes – such as tax collection, compensation during acquisition, etc.
✅ B. Tehsildar’s Administrative Role
The Tehsildar’s role is to maintain accurate land and revenue records.
He has the inherent authority to correct mistakes or update changes such as:
Death of a landowner,
Sale/purchase of land,
Inheritance,
Error in past records.
This duty does not stop just because acquisition proceedings are underway.
🔷 3. Judicial Interpretation
Now let’s refer to a case from the Nagpur Bench of the Bombay High Court which supports this principle.
📍 Case: Sau. Laxmibai W/o Tukaram Jadhav vs The State of Maharashtra & Ors. [2023]
Facts:
A piece of land was under acquisition proceedings.
During this time, a mutation entry (change in land ownership) was made in revenue records by the Tehsildar.
The petitioner objected, saying this should not have been done as acquisition was pending.
Held:
The High Court rejected the objection.
It ruled that the Tehsildar has the authority to correct or update revenue records, even during acquisition.
The Court clarified:
“Mutation is an administrative act, and correction of revenue records does not affect the title or the acquisition proceedings.”
Acquisition is a separate legal process governed by its own procedure (like notification, objections, award, compensation, etc.).
Updating revenue records does not interfere with the process of acquisition.
🔷 4. Key Judicial Observations
Here are the principles laid out by the Court:
Revenue records do not confer title – they are evidence of possession or ownership but are not final proof.
Mutation entries can be made any time, including during acquisition.
Acquisition proceedings are not halted because of pending corrections in revenue records.
Tehsildar is bound to maintain updated records and cannot delay correction just because of acquisition.
🔷 5. Example to Illustrate
Suppose:
Landowner A dies.
His legal heir B applies to the Tehsildar for mutation of the land in his name.
At the same time, the government issues a notification to acquire the land for building a highway.
Can the Tehsildar mutate the land in B’s name?
✅ Yes. The Tehsildar is not required to wait until the acquisition is complete.
His correction is purely administrative and does not affect the compensation, title, or acquisition decision.
🔷 6. Conclusion
The Nagpur Bench of the Bombay High Court rightly ruled that:
Tehsildar can correct revenue records even during acquisition proceedings.
His actions are administrative, not judicial.
This ensures that records remain accurate, which is essential for transparency, taxation, and compensation.
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