Yogendra Kumar Sangal, J. - (1.) Heard learned counsel for the applicant and learned Standing Counsel for respondent no. 1 to 3 and perused the record. This is an application for direction in the nature of certiorari quashing of judgment and order dated 30.10.2006 and 30.1.2010 passed by opposite party no.2 Additional Collector District Shrawasti and Additional Commissioner (Administration) Devi Patan Division, District Gonda.
(2.) Respondent no. 4 Mukhtiyar had raised objection under Section 28 of Land Revenue Act that from the perusal of the village map (Shajra), it reveals that area of his plot no. 369 as shown appears to be less than shown in khatauni. Seeing the nature of the objection taking it necessary that the measurement of spot position is required Additional collector called report from the Tahsil concerned. Revenue Inspector (Kanongo) of the village went on the spot, taken measurement and found that in Shatra 0.046 hectare less land shown from the entry of Khatauni. He prepared the chart after taking measurement of the adjacent plot no. 370, 367 and proposed a way of correction of the map. This report was submitted by the Tehsildar for approval.
(3.) Objections were invited and submitted by petitioner against the report. After hearing and taking into consideration, the report and also taking help of department employee draftsman Shashi Prasad Shukla and cheking the measurement done by the Revenue Inspector found the report submitted correct and he approved the same and so directed for correction of the map accordingly and report was made part of the order. Additional Collector has also given reason that there is no other alternative for correction of the map, which was needed in the facts and circumstances of the case. Against this order revision was filed before the Commissioner. After giving opportunity of hearing the parties' counsel and considering the law laid down cited by the parties' counsel and also considering the provisions of section 28 of the Land Revenue Act, the learned Commissioner observed that for the correction of map measurements to know spot position with the help of Tehsil staff is necessary.;