KRISHNA MURARI,J. - (1.) HEARD learned Counsel for the petitioner and learned Standing Counsel for respondent Nos. 1 to 3.
(2.) WITH the consent of the learned Counsel for the parties, the writ petition is disposed of finally without calling for a counter affidavit. The petitioner purchased an area 0.064 are of plot No. 745 from the respon­dent No. 4 Alauddin. He was already 'Bhumidhar' of adjoining plot Nos. 746 and 747. An application under section 28 of U.P. Land Revenue Act (in short 'the Act') was moved by the petitioner on the allega­tions that though the area of plots Nos. 746 and 747 are 0-3-10 and 0-7-5 respectively but while preparing the settlement map the area of plot No. 747 was shown as 0-6-5 and the settlement map was not prepared in accordance with the record and some excess area was shown in plot No. 745. The application was dismissed by the Addi­tional Collector on the ground that the area of plot No. 745 was correctly recorded and no amendment is required in the map. Ag­grieved, the petitioner went up in revision. The Revisional Court has dismissed the revision on the finding that the tenure-holder of plot Nos. 746 and 747 would be affected if any change is made in the map and they were not impleaded as party in the proceeding.
(3.) IT is contended by learned Counsel for the petitioner that since the petitioner himself is recorded as 'Bhumidhar' of plots No. 746 and 747 as such the revision has wrongly been dismissed on the ground that the tenure holder of the said plots have not been impleaded in the proceedings. It has been pointed out that the Additional Col­lector while dismissing the application has also recorded a finding that the petitioner is the 'Bhumidhar' and in possession of the said two plots. It has further been con­tended that even though the Naib Tehsildar in his report dated 20.6.2006 has clearly mentioned that the area of plot No. 747 was shown less and plot No. 745 excess and that requires correction still the Additional Collector dismissed the application on the ground that the 'Bandobast' map is in con­sonance with the confirmed 'Chakbandi' map.;