Supreme Court Issues Notice On PIL Seeking Separate Revenue Judicial Cadre Of Trained Professionals For Land Disputes

The Supreme Court recently sought the response of the Union and States, as well as the Law Commission of India, on a PIL seeking establishment of a separate revenue judicial cadre for adjudication of land disputes.According to the petitioner, about 66% civil cases relate to land disputes and the same are adjudicated by revenue officers who do not have legal qualifications. As such, he seeks prescription of uniform minimum standards of legal education and judicial training module for public servants adjudicating land disputes.The petitioner further seeks a direction for High Courts to supervise and monitor the adjudication of Title, Succession, Inheritance, Possession and other Property rights disputes.A bench of CJI Surya Kant and Justice Joymalya Bagchi passed the order, after hearing petitioner-Advocate Ashwini Kumar Upadhyay. "Point is very interesting and important also..." remarked the CJI.The CJI also commented that the respondents would contest the petition arguing that the issue raised lies in the domain of legislature. However, Upadhyay countered that the issue pertains to Articles 14 (right to equality), 21 (right to life) and 50 (separation of judiciary) as well. He also submitted that he has travelled to 500 districts across the country and the most common feedback he has received is for something to be done with regard to adjudication of land disputes. "In Jaunpur, one case is pending since 1985 before the Chakbandi Adhikari (Consolidation Officer) to decide which gift deed is valid. Why? Because one side is poor, and other side is a politically powerful person. [If] the Chakbandi Adhikari will decide the case, he will be transferred. So separation of powers also...", he told the bench.Briefly put, the PIL is filed by Upadhyay contending that the adjudication of complex land disputes by Revenue/Consolidation officers without formal legal education and judicial training is arbitrary, irrational and violative of Article 14 of the Constitution. He claims that the entrustment of judicial functions to public servants under Executive control violates Article 50 (separation of judiciary)."When the State entrusts adjudication to revenue officers, such as Tehsildars, who remain subject to administrative control, transfers, and local pressures, it compromises both the perception and the reality of impartiality. The same officer that deals with land records is the judge in the same cause."In the petition, it is urged that the lack of formal legal education and training like PCS-J results in erroneous and inconsistent decisions in land disputes. In turn, this increases the burden on judiciary in form of frequent challenges.Upadhyay further highlights the 2005 case of Chandra Bhan and Another v. Deputy Director of Consolidation, Gorakhpur and Others, wherein the Allahabad High Court issued a mandamus for State of UP to create a separate revenue judicial service cadre for adjudication of land disputes.Notably, in this case, the High Court also stated that the appointment and qualification of members of such service shall be at par with members of judicial service. Further, they shall be imparted judicial training consistent with the standard of training of members of State Judicial Service under the control of the High Court.As per claims, the mandamus issued in Chandra Bhan case has not yet been implemented. In this backdrop, the petitioner seeks nationwide implementation of the Chandra Bhan principles to avoid inconsistency between states/UTs.It is also asserted that for a proper adjudication, reasoned orders are required to be passed, for which adequate legal acumen can be developed only through formal legal education. The petitioner points out that non-legal officers, who discharge adjudicatory functions only for limited durations, lack the time and structured mechanism to stay updated about evolving legal principles and binding precedents.It is also claimed that the subordination of revenue officers to the Executive may act as a disincentive to render decisions contrary to the ruling dispensation or local authorities. The petitioner further alleges that there is a system of institutional delay prevailing across the country in connection with land disputes.Case Title: ASHWINI KUMAR UPADHYAY Versus UNION OF INDIA AND ORS., W.P.(C) No. 357/2026Click here to read the order

Supreme Court Issues Notice On PIL Seeking Separate Revenue Judicial Cadre Of Trained Professionals For Land Disputes

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Supreme Court Issues Notice On PIL Seeking Separate Revenue Judicial Cadre Of Trained Professionals For Land Disputes

Debby Jain

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