The Chhattisgarh High Court has reinforced the state’s duty to rectify clerical errors in revenue records without undue delay, directing the Upper Collector to decide a pending application for correction of Khasra numbers within 90 days. This order underscores the importance of accurate land records in protecting proprietary rights and ensuring administrative accountability under the CG Land Revenue Code, 1959.
Background & Facts
The Dispute
The petitioner, Ramlakhan Sonkar, legal heir of Fulmatbai Sonkar, claims ancestral ownership and continuous possession of Khasra No. 451 in village Sarona, Patwari Halka No. 56, Raipur district. The land’s identity and boundaries were clearly documented in the original settlement record of 1939-40 and corroborated by a registered sale deed dated 17.07.1989. During the digitization and updating of revenue records and online maps, a clerical error occurred wherein Khasra No. 451 and Khasra No. 452 were erroneously interchanged, leading to confusion over land identity, possession, and entitlement.
Key Facts
- The petitioner’s family has held continuous possession of Khasra No. 451 since before 1939-40.
- The original settlement map and record from 1939-40 accurately reflect the location and boundaries of Khasra No. 451.
- A registered sale deed dated 17.07.1989 (Exhibit P-1) confirms the petitioner’s lineage and title to the land.
- The digitization process conducted by the Revenue Department resulted in the swapping of Khasra Nos. 451 and 452 in the digital records.
- The petitioner filed an application under Section 107(5) of the CG Land Revenue Code, 1959 on 14.07.2025 before the Upper Collector, Raipur.
- The application was registered as Case No. 202507113000052/A-6 and remains pending since filing.
Procedural History
- 14.07.2025: Petitioner filed application under Section 107(5) of the CG Land Revenue Code, 1959 before the Upper Collector, Raipur.
- 14.07.2025: Application registered as Case No. 202507113000052/A-6.
- No decision issued as of the date of the writ petition.
- 20.04.2026: Writ Petition No. 1710 of 2026 filed before the Chhattisgarh High Court.
Relief Sought
The petitioner sought:
- Production of all records relating to the case.
- A direction to the Upper Collector to decide the pending revenue case within three months.
- Any other relief deemed appropriate.
The Legal Issue
The central question was whether the Upper Collector has a legal obligation under Section 107(5) of the CG Land Revenue Code, 1959 to decide applications for correction of revenue records within a reasonable time, and whether the High Court may intervene to enforce such duty when delay prejudices the rights of landholders.
Arguments Presented
For the Petitioner
Learned counsel for the petitioner submitted that the error in Khasra numbers is a clerical mistake, not a dispute over title, and is squarely within the purview of Section 107(5), which empowers the Upper Collector to correct errors in revenue records. The petitioner had submitted all requisite documents, including the 1939-40 settlement record and the 1989 sale deed. The prolonged pendency of the application since 14.07.2025, without any explanation or interim order, constitutes a violation of the petitioner’s right to property and administrative justice.
For the Respondent
The learned counsel for the State did not oppose the prayer. He acknowledged the clerical nature of the error and confirmed that the application was duly filed and pending. He expressed no objection to the Court issuing a direction for timely disposal.
The Court's Analysis
The Court observed that the correction of revenue records is a ministerial function under Section 107(5) of the CG Land Revenue Code, 1959, meant to rectify clerical or arithmetical errors, not to adjudicate title disputes. The petitioner’s claim is not contested by the State, and the documents submitted are sufficient to establish the error. The Court emphasized that delay in correcting such errors causes real prejudice to landholders, affecting their ability to sell, mortgage, or obtain loans, and undermines public confidence in the revenue administration.
"The State machinery cannot remain indifferent to errors in land records that directly affect the rights of citizens, particularly when the error is admitted and the remedy is statutorily available."
The Court noted that while it cannot direct the outcome of the proceeding, it can and must ensure that the statutory authority discharges its duty expeditiously. The absence of any reason for delay, coupled with the non-opposition by the State, warranted judicial intervention to prevent further injustice.
The Verdict
The writ petition was allowed. The Court directed the Upper Collector, Raipur, to decide Revenue Case No. 202507113000052/A-6 in accordance with law, as early as possible and preferably within 90 days from the date of receipt or submission of a copy of this order. All pending interlocutory applications were disposed of. No costs were awarded.
What This Means For Similar Cases
Administrative Delay in Revenue Matters Is Not Tolerated
- Practitioners may now cite this judgment to urge courts to impose timelines for disposal of applications under Section 107(5) of the CG Land Revenue Code, 1959.
- Delay beyond six months in deciding such applications may now be treated as a ground for invoking Article 226.
Clerical Errors Are Not Subject to Protracted Proceedings
- Applications seeking correction of Khasra numbers, survey numbers, or area measurements based on documentary evidence are not title disputes and must be decided summarily.
- The burden is on the revenue authority to prove the correctness of the record, not on the applicant to prove the error beyond doubt.
Documentary Evidence Prevails Over Digital Records
- Where original settlement records, registered deeds, or physical possession corroborate a claim, digital records with clerical errors must yield to them.
- Courts will not permit digitization errors to override historical and legal documentation.
