2020[3]aphc 69 – correction of 1 B and adangal -procedure

When a person files an application for correction of passbook, he cannot be asked to file a civil suit on the ground that some third party has raised the question of adverse possession. The authorities cannot escape from their responsibility to make an entry or amend the entries in the revenue records according to the procedure; though they cannot decide the title and possession, but they should exercise their power subject to any decree or order passed by Civil Court .
When the intimation submitted in compliance of Section 4 of the Act, the procedure prescribed in Section 5 of the Act read with Rule 19 of the Rules is to be followed. Issue of notice in Form VIII vide Rule 19 (1) of the Rules and its publication vide Rule 19 (2) of the Rules framed is only in compliance of mandatory procedure prescribed under the Act. Revenue officers though not required to decide the title of the immovable property, still they are bound to follow the procedure.