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Time of India
03-05-2025
- Politics
- Time of India
HC concerned over litigants' aggressive approach towards judicial officers
1 2 Prayagraj: Expressing concern that the litigants are increasingly turning aggressive towards the judiciary because of the reluctance of courts to use their contempt of court powers , the Allahabad high court dismissed a petition and imposed Rs 5,000 costs on the petitioner after the court found lack of evidence to support the allegations against the presiding officer. Justice JJ Munir further observed that while courts hesitate to invoke contempt powers out of respect for citizens' fundamental right to freedom of speech, this liberal approach cannot be misused to make scandalous allegations against judges. "It is unfortunate that in contemporary times, litigants have turned aggressive because for one reason or the other, the courts are eschewing invocation of their power of criminal contempt. The restraint or the hesitation comes from honouring the citizen's fundamental right to freedom of speech and expression and their right to ventilate their grievances. This does not mean that any kind of scandalous allegations without basis can be hurled at the court and got away with," the court said while dismissing the plea on April 25. The case involved a plea challenging the Board of Revenue's refusal to transfer an application under the UP Revenue Code, 2006 from the additional commissioner (judicial), 3rd Bareilly to another court. The petitioner alleged bias and connivance between the presiding officer and the respondent, citing delays and long adjournments as evidence. However, during the course of hearing, the high court found these claims to be "utterly scandalous" and unsupported by evidence. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Scarlett Johansson, 40, Shows Off Her Real Size In A New Vacation Photos 33 Bridges Undo "A wrong order or a wrong procedure does not lead to an inference of bias. Likewise, mere delay on the part of the presiding officer in hearing the revision is no ground to infer bias," the court said. The court stressed that accusations of judicial connivance demand a high standard of responsibility and evidence. "To make such an application without any material shows not a sense of freedom to express amongst citizens who are litigants but virtually extreme indiscipline and lack of sense of propriety, to say the least," court said.
Hindustan Times
03-05-2025
- Politics
- Hindustan Times
Allahabad HC dismisses transfer petition against presiding officer
Prayagraj , The Allahabad High Court has dismissed a transfer petition due to a lack of evidence to support the allegations levelled against a presiding officer. The court has also imposed a cost of ₹5,000 on the petitioner, observing that litigants are increasingly turning aggressive towards the judiciary because of the reluctance of judges to use their contempt-of-court powers. Passing the order, Justice J J Munir further observed that while courts hesitate to invoke contempt powers out of respect for the citizens' fundamental right to freedom of speech, this liberal approach cannot be misused to make scandalous allegations against judges. "It is unfortunate that in contemporary times, litigants have turned aggressive because for one reason or the other, the courts are eschewing invocation of their power of criminal contempt. The restraint or the hesitation comes from honouring the citizens' fundamental right to freedom of speech and expression and their right to ventilate their grievances. This does not mean that any kind of scandalous allegations without basis can be hurled at the court," the judge said. The case involved a plea challenging the Board of Revenue's refusal to transfer an application under the Uttar Pradesh Revenue Code, 2006 from the additional commissioner 3rd, Bareilly to another court. The petitioner had alleged bias and connivance between the presiding officer and the respondent, citing delays and long adjournments as evidence. During the course of hearing, the high court found these claims to be "utterly scandalous" and unsupported by evidence. "A wrong order or a wrong procedure does not lead to an inference of bias. Likewise, mere delay on the part of the presiding officer in hearing the revision is no ground to infer bias," the court said in its order dated April 25. It stressed that accusations of judicial connivance demand a high standard of responsibility and evidence.
Time of India
02-05-2025
- Politics
- Time of India
HC rejects plea against error in recording ‘govt' land
1 2 Cuttack: Orissa high court has held that erroneous recording of purported govt land as private land by making modification in the record of rights (RoR) cannot be taken up for hearing. The two-judge bench of Chief Justice Harish Tandon and Justice M S Raman said, "As the seminal grievance raised in the instant public interest litigation pertains to erroneous recording of an entry in the record of right and there is an efficacious alternative remedy available to the petitioners, it does not satisfy the basic ingredients of the public interest litigation." "Even if we proceed on the assertion of the petitioners, we find that the petitioners can ventilate their grievance under the Orissa Survey and Settlement Act, 1958, which contains the provision relating to the revision of the entry made in the record of right, either suo motu by the Board of Revenue or an application having made in this regard," the bench observed, while dismissing the petition on April 29. The ruling was given on a petition filed by five residents of Badamba tehsil under Athagarh sub-division in Cuttack district . Claiming themselves to be representatives of the people of the area, the petitioners alleged that several plots, which belonged to the govt, had been wrongly classified as private land by making alteration in the RoR. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Pernas e pés inchados: Experimente isso para ajudar a drenar o fluído do edema aartedoherbalismo Undo According to the petitioners, the lands were always used as 'gochar' (grazing) land and for performing cremations but because of the alteration in RoR, six private individuals are claiming their right, title and interest thereupon. The land, which was recorded as govt land, is wrongly shown as private land affecting the rights of villagers, the petitioners contended, seeking the court's intervention for correction of the erroneous entry made in RoR. However, the bench said, "In course of the hearing, we found that the modification and/or alteration in the record of right was done as far back as in the year 1990. There is a complete silence on the part of the petitioners till 2024 when the instant PIL is filed for restoration of the original entry, i.e., the land belonged to the govt. No convincing material is produced by the petitioners that the said land was, in fact, recorded as the govt land." "The moment the govt made an entry in the record of right, such entry is presumed to be correct unless the contrary is proved by cogent evidence," the bench observed, adding, "Mere recording the name in the record of right neither creates any title into a person nor extinguishes title in respect of an immovable property but made for the purpose of the collection of land revenue and making a person primarily responsible for payment thereof."
Indian Express
01-05-2025
- Business
- Indian Express
How Bihar is trying to get control of erstwhile Bettiah zamindari property in UP – one plot, bank safe at a time
On the first floor of a residential building in the posh Shiv Vihar Colony of Gorakhpur, Uttar Pradesh, a group of officials are busy sifting through piles of documents, frequently consulting one another and checking for regular updates. For around two months now, the 11 Bihar revenue officials have been working out of this temporary office of the Bihar Court of Wards with an unusual purpose – to identify, measure, and meticulously record details of tracts of land in Uttar Pradesh that, according to Bihar government records, belong to the Bettiah Raj, a 17th Century zamindari estate with origins in the state's Champaran region. 'We have been consulting land records from the 18th and 19th Century in the Bettiah Raj revenue record room (a repository of historical land records related to the erstwhile zamindari estate in Bihar's West Champaran),' says one of the officials. 'We then match the historical records to current revenue records in the state. We have so far identified 175.53 acres of Bettiah Raj land in Uttar Pradesh but officials are still reviewing documents and updating the list.' The temporary office of the Bihar Court of Wards in Shiv Vihar Colony in Gorakhpur. (Express Photo: Vishal Srivastava) The tedious exercise comes in the wake of the Vesting of Bettiah Raj Properties Act, 2024, that the Bihar government passed late last year. The law allows the Bihar government to not only take control of over 15,000 acres of Bettiah Raj land in Bihar but also parcels in eight UP districts: Gorakhpur, Maharajganj, Kushinagar, Ayodhya, Basti, Varanasi, Prayagraj, and Mirzapur. Earlier in April, the Bihar government held meetings with district administration of the eight districts to enlist their help. 'They were asked to check their land records for any properties belonging to the Bettiah Raj,' says Badri Prasad Gupta, a revenue officer from Bihar's Board of Revenue and one of the officials overseeing the exercise, adding that they have yet to receive inputs. Revenue Officer Badri Prasad Gupta in Bihar Court of Wards temporary office in Shiv Vihar Colony in Gorakhpur. (Express Photo by Vishal Srivastava) Prayagraj's Chief Revenue Officer Kunwar Pankaj confirmed that a team from Bihar was currently in the city. 'All eight tehsils in Prayagraj have been asked to verify if any property exists under this name. They have been given time until May 4,' he says. Gorakhpur's Chief Revenue Officer Amit Rathore too confirmed this, saying that further action would be taken according to instructions from higher authorities. He added that he had no information about the findings of the Bihar revenue team in Gorakhpur. Officials at UP's Board of Revenue refused to comment on the matter. What is Bettiah land Spread across six districts in Bihar and eight in UP, Bettiah Raj is one of the oldest and largest zamindaris in the Champaran region. The zamindars of Bettiah were among those who were given the title of 'raja' by the Mughals. After the last king of Bettiah Raj, Harendra Kishore Singh, died heirless in 1893, the estate passed on to his first wife Maharani Sheo Ratna Kunwar, who died in 1896. The property then went to his second wife, Maharani Janki Kunwar. In 1897, the British administration declared Maharani Janki 'incompetent to manage the property' and placed it under the estate of the Court of Wards, a legal body created under Court of Wards Act that empowered them to take over and manage the estates of minors. Those deemed incapable, or otherwise disqualified from handling their property. Maharani Janki Kunwar died in 1954. Bettiah land in Uttar Pradesh. (Credits: Abhishek Mitra) Following India's independence, the Court of Wards came under the control of the Board of Revenue. While Bettiah Raj properties in UP came to be managed by the UP Court of Wards, those in Bihar were managed by the Bihar Court of Wards. In 1969, the UP Court of Wards was dissolved, and since then, properties in Bihar as well as UP have been managed by the Bihar Court of Wards. In November 2024, Bihar Chief Minister Nitish Kumar introduced the Bettiah Raj law, transferring all its properties to the government. While introducing the law in the Assembly, Bihar's Land and Revenue Department Minister Dilip Jaiswal claimed the government had decided to legally take over the land after a pan-Bihar survey revealed 'huge mismanagement and encroachment' on the land. 'We needed to bring a law as it had been getting difficult to manage the land, especially since there were complaints of encroachment,' he had said then. Mapping land, cross-checking revenue records Two teams have been deployed in UP to conduct the exercise. While revenue officer Gupta's team of 11 is responsible for identifying land in Gorakhpur, Maharajganj, Kushinagar, Ayodhya and Basti districts, the second team – of seven officials headed by Sanjeev Kumar Rai – is in charge of Varanasi, Prayagraj, and Mirzapur. A team typically has a revenue officer from the Board of Revenue, a lekhpal, a revenue accountant and the village record keeper, and an ameen — an officer responsible for assessing and collecting land revenue. It also has technical experts, peons, legal advisors, and security staff. According to officials, the process of identification of such land is meticulous: after confirming from records and official government certificates that a particular piece of land belongs to the Bettiah estate, officials head there to measure the land and note down its dimensions. Then, local revenue records are consulted to see under whose name the land is registered. 'We speak to the current occupants, and record their details in our report,' says an official, adding that this report is then sent to the Bihar Revenue Board. How Bihar is trying to get control of the Bettiah land in Uttar Pradesh. (Credits: Abhishek Mitra) Since the process could take months, teams have rented office spaces in Gorakhpur, Prayagraj and Varanasi. According to Bihar officials, several of the identified land have some form of construction on them – from parks, and 'unauthorised' residential colonies to even government buildings and roads. This includes such offices as those of the Gorakhpur divisional commissioner, the additional district magistrate, the chief medical officer, and the magistrate – as well as official government quarters, officials say. 'In all, nine residences of senior government officials have been identified on Bettiah Raj properties in Gorakhpur,' says an official. But the process is not always smooth sailing, with the team having to face hostility from local residents, who fear the loss of land and homes. For instance, in Betiahata in Gorakhpur, where Bihar officials have identified over 51 acres, a crowd gathers to prevent the officials from proceeding for their survey. 'Usually, we inform the residents that the Bihar government is identifying its own land,' an officer tells The Indian Express as their car leaves the troubled spot. 'If that doesn't work, we leave quietly without any confrontation. At times, we work with a police team and a lekhpal assigned to us by the district administration.' For now, the Bihar government has already begun the process of clearing 'encroachments' on such land: with the help of a local lawyer, notices have gone to 73 people for 'wrongfully' having their name registered on land that belongs to the Bihar government. They have also filed a civil case in the court of the Gorakhpur Sub-Divisional Magistrate's court to reclaim the property. Among the properties the Bihar officials are conducting inquiries about is a bank safe that is listed as Bettiah Raj property. The safe is at a State Bank of India branch in Prayagraj – the city Maharani Janki Kunwar is believed to have spent her final days. 'Our records mention a safe at the bank,' Prasad says. 'We are in touch with the bank staff, and formalities are underway, but we have no idea what's inside the safe.'
New Indian Express
27-04-2025
- Business
- New Indian Express
3.36 lakh illegal part-plot registrations in urban areas over 12 years in Odisha, reveals IGR report
BHUBANESWAR: A staggering 3.36 lakh part plots in different urban areas of the state have been registered in contravention of law in the last 12 years. A recent report submitted by the Inspector General of Registration (IGR), Board of Revenue to the state Revenue and Disaster Management department reveals that a total 3,36,631 sub-plots have been registered in urban areas without the approval of development authorities in their jurisdiction since enactment of the Registration (Odisha Amendment) Act, 2013. The IGR report even indicated that one ORERA officer, three additional district magistrates (ADMs) and some tehsildars, while serving as the sub-registrars in the past, were also involved in registration of these sub-plots in contravention to the norms of the Registration Act. As per the report, the highest number of such registrations has been made in the Bhubaneswar Development Authority (BDA) jurisdiction with about 39,216 registrations in Khurda in the 12 years. Jatni follows closely with about 35,869 registrations, followed by Khandagiri at 33,591 registrations and Berhampur-1 and Berhampur-II at 30,348 and 28,176 registrations respectively, during the period. While the Board of Revenue has furnished the information to the Revenue department for necessary action at the latter's end, Real Estate expert Bimalendu Pradhan sought to know why the data about registration from Sambalpur and Rourkela Development Authorities have not been furnished in the report. 'About 174 sub-registrars have done registration of 100 and above sub-plots during the period. This includes many big names too,' he added.
