Powers of Tehsildars and Naib Tehsildars as Quasi-Judicial Officers in Mutation and Land Record Cases

In Himachal Pradesh, land ownership, partition, and transfer are deeply rooted in revenue records, which are maintained and updated by revenue officers—primarily Tehsildars and Naib Tehsildars. While these officers are administrative officials, they also function as quasi-judicial authorities under the Himachal Pradesh Land Revenue Act, with the power to pass binding decisions in several land-related matters.

For landowners, farmers, and heirs, understanding the powers and procedures followed by Tehsildars and Naib Tehsildars is crucial. These officers decide the fate of applications related to mutation (intkal), partition (batwara), correction of records, and other important revenue entries that directly impact land rights.

🏛️ What Are Tehsildars and Naib Tehsildars?

A Tehsildar is the revenue head of a tehsil and a designated quasi-judicial officer. A Naib Tehsildar is his subordinate, often exercising delegated powers. Both are empowered to handle specific cases involving:

• Mutation of inheritance or sale

• Partition of joint landholdings

• Correction of revenue entries

• Deciding objections to mutation

• Land demarcation disputes

• Implementation of SDM or DC orders

Their orders are legally binding and can affect ownership, possession, and land use rights.

📋 Mutation: What It Is and How Tehsildars Handle It

Mutation, or intkal, is the process of updating land ownership records following a sale, gift, inheritance, court decree, or government acquisition. It does not create title but reflects the factual position of ownership for revenue and tax purposes.

Filing a Mutation Application

• Submitted by the new owner or legal heir to the Patwari

• Accompanied by the sale deed, will, court order, or death certificate

• Entered in the Roznamcha Waqiati (daily diary)

• Sent to the Tehsildar/Naib Tehsildar for hearing

Quasi-Judicial Process

• Notice is issued to interested parties

• Opportunity is given to file objections

• Both sides are heard

• Patwari’s report and Jamabandi are examined

• Order is passed allowing or rejecting the mutation

⚖️ Partition and Correction of Records

Partition (Batwara)

In joint ownership, any co-sharer can apply to the Tehsildar for partition of land. The process involves:

• Field inspection by the Revenue Officer

• Preparation of Shajra Nasab (genealogical tree)

• Consideration of cultivation patterns and usage

• Hearings if objections are raised

• Final Batwara order with demarcated shares

Correction of Entries

If a land record (Jamabandi, Khasra Girdawari) shows a clerical mistake or misrepresentation, an application can be filed before the Tehsildar/Naib Tehsildar. These matters are decided by:

• Verifying documents

• Hearing all parties

• Cross-checking field reports

• Passing speaking orders

🔁 Appeal and Revision Process

If any party is aggrieved by the Tehsildar’s or Naib Tehsildar’s order:

• An appeal lies to the Sub-Divisional Magistrate (SDM)

• Further appeal can be made to the Deputy Commissioner (DC)

• In rare cases, revision can be filed before the Divisional Commissioner

• In matters involving title, parties can move to civil courts

• A writ petition may also be filed in the High Court if there is jurisdictional error or denial of natural justice

📌 Common Issues Clients Face

• Delay in mutation due to objections by co-sharers

• Incorrect entries in Girdawari affecting tenant rights

• Non-updation after death of original owner

• Forced entries without consent

• Illegal Batwara or denial of rightful share

• Wrong demarcation of boundaries

Timely and informed legal action can resolve these issues and prevent future litigation.

👨‍⚖️ Why Choose Barowalia & Associates

We assist individuals, families, and institutions in navigating revenue proceedings before Tehsildars and Naib Tehsildars throughout Himachal Pradesh. Our support includes:

• ✅ Drafting and filing mutation, partition, and correction applications

• ✅ Handling objections and preparing affidavits

• ✅ Presenting documentary evidence like Jamabandi, wills, maps, and sale deeds

• ✅ Attending hearings and negotiating settlements where possible

• ✅ Filing appeals and revisions before higher authorities

With deep understanding of Himachal’s revenue laws and practical experience before field officials, we ensure your land records reflect your rights, clearly and lawfully.