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Trying to avoid criminal proceedings

Querist : Anonymous (Querist) 28 July 2019 This query is : Resolved 
A civil case has been filed for correction in khatauni which was made fraudulently. Now assume that the civil court has passed the order for correcting the khatauni back to its rightful owner.

My question is Can a sub divisional officer (SDO) ask to file FIR while correcting entries in land revenue record under Section 33/39, Land Revenue Act?

Whether a judicial magistrate would be required in this scenario to file FIR even after the civil judge has passed the necessary order?

The decree holder does not want criminal proceedings at all.
Guest (Expert) 28 July 2019
Honorable Court's decision can not be Questioned
Guest (Expert) 28 July 2019
"Now assume_" The words posted in your Query
Guest (Expert) 28 July 2019
No Legally Valid Replies could be posted basing on assumptions please.
Dr J C Vashista (Expert) 28 July 2019
What is your locus standi/concern to the question paper, Mr./ Ms. Anonymous?
Dr J C Vashista (Expert) 28 July 2019
How does a suit for amendment in Khatoni maintainable in a civil court?
Why to assume on this platform, which is not a class-room?
Is it not an abuse of this site?
LCI Admin should have filtered such question paper.
Dr J C Vashista (Expert) 28 July 2019
Which State provision of Land Revenue Act (Sections 33 & 39) have been referred in your question paper ?
Dr J C Vashista (Expert) 28 July 2019
Which State provision of Land Revenue Act (Sections 33 & 39) have been referred in your question paper ?
How do you correlate the order passed by a civil court (SDO) with that of the court of Magistrate?
What is the actual problem?
Querist : Anonymous (Querist) 28 July 2019
Im new to this and i was not aware of class room rules. My question relates to UP Land revenue act. A civil case has been filed before Civil judge for amendment of khatoni after a benama was done illegally. The cancellation of benama is also prayed in the suit. What would be the outcome of this suit and how the lekhpal will now amend the khatoni once the civil court passes the order in favour of Plaintiff? Am i missing something here? The plaintiff does not want any criminal proceedings at all.
Querist : Anonymous (Querist) 28 July 2019
Pls let me know
Raj Kumar Makkad (Expert) 21 December 2019
If plaintiff do not want to initiate criminal action then the question of criminal action do not arise.
Raj Kumar Makkad (Expert) 21 December 2019
If the civil court passes the decree setting aside sale-deed, the revenue officers are bound to make its compliance in their record.
Raj Kumar Makkad (Expert) 21 December 2019
Lekhpal is the lowest level revenue officer assigned with the record of the revenue record. If mandatory injuction is passed against the State, he is bound to change the record.
Raj Kumar Makkad (Expert) 21 December 2019
If sale-deed has been registered and mutation has been entered in the revenue record then the jurisdiction to amend the Khatouni rests only with the civil court.
Raj Kumar Makkad (Expert) 21 December 2019
Civil judge shall not require to lodge FIR in the given case as the suit is only for the correction of the contents of the civil suit.


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