RAM HARAKH Vs. DEPUTY DIRECTOR OF CONSOLIDATION ALLAHABAD
LAWS(ALL)-1981-5-41
HIGH COURT OF ALLAHABAD
Decided on May 06,1981

RAM HARAKH Appellant
VERSUS
DEPUTY DIRECTOR OF CONSOLIDATION, ALLAHABAD Respondents

JUDGEMENT

K. M. Dayal, J. - (1.) THE present petition has been directed against the order of the Deputy Director, Consolidation rejecting an application for correction of the map and the Khasra. Plots Nos. 1307 and 1315 were adjoining plots. THE area of plot no. 1307 recorded in the Khasra was 12 dhoors whereas the area of plot no. 1315 was recorded as 1 Bigha 4 Biswa and 13 dhoors. In the village map the area of the plots as calculated from the field book was different. According to that map plot no. 1307 measured 0 Bigha 5 Biswa 19 dhoors and plot no. 1315 as 0 Bigha 18 Biswa 18 dhoors. At the time of consolidation partal the discrepancy was detected and an objection was filed by Mithlesh and Hari Shanker that it should be in accordance with Khasra.
(2.) THE Assistant Consolidation Officer again measured the plots and found that the area of plot no. 1315 was 18 Biswas 18 dhoors and not as claimed in the objection. A third time another report was called for by the Consolidation Officer and after verification from the map and the plot it was found that the area of plot no. 1307 was 5 Biswa 19 dhoors and area of 1315 was 18 Biswa 18 dhoors on the spot. The Consolidation Officer ordered for correction of the area in Khasra accordingly, per his judgment dated 23-3-1971. An appeal was filed before the Settlement Officer, Consolidation. After hearing the parties the map was found to be correct and the Assistant Settlement Officer, Consolidation dismissed the appeal. The Deputy Director Consolidation has allowed the revision and ordered the original entry in Khasra to be restored ignoring the area on the spot and the area recorded in the map. The purpose of Consolidation of Holdings Act was not only to consolidate the holdings but also to carry out the corrections in the revenue records. The map is prepared and maintained under Section 28 of the U. P. Land Revenue Act, 1901. It is prepared on the basis of a survey made from field to field and the field book is also a part of the map. The various dimensions and directions are recorded in the map.
(3.) KHASRA is prepared after calculating the area from the map and the record of area in the KHASRA is not the original entry. It is derived from the field book and the map as it has been found in the instant case that the area of plots nos 1307 and 1315 as recorded in the map was also found on the spot and there was no occasion for the Deputy Director, Consolidation to have ordered the restoration of the wrong area entered in the KHASRA. Once an area and measurement on the spot tallied with the map and field book at the time of the partal, the KHASRA should have been corrected. It was done by the Consolidation Officer and the Settlement Officer, Consolidation. The Deputy Director, Consolidation, seems to have no idea of the preparation of the map and the field book and how the area is to be calculated from it. His judgment is wholly mis-conceived and illegal. He had no jurisdiction to order wrong area to be entered in the Khasra against the entry in the map and the situation on the spot.;


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