Rakesh Tiwari, J. - (1.) Heard counsel for the petitioners and the standing counsel.
(2.) Notices in form 49 Ka was issued against the petitioner on the basis of a report of the Lekhpal of the Village that the petitioner has encroached over Gaon Sabha plot No. 113 of 2001 measuring 0-15-0 since 1389 and is liable to be ejected as well as payment of damages to the tune of Rs. 700/-.
(3.) The Petitioner filed objections inter-alia stating that the notice is illegal and baseless and in the village Bahrauli Aheer of petitioners and that more than 25% of the land in Sazra of the village is wrongly shown and had relied upon order dated 4.3.1970 passed by S.D.O. Agra in which it has been held that proceedings for correction of Map was ordered by S.D.O. vide order dated 28.11.1963 and the map submitted by the Tehsildar thereafter checking 25% of the total plots of the village contained numerous mistake. The relevant extract of the order of the S.D.O. is as under: "In obedience to the orders referred to above, it appears that the Naib Tehsildar after making the necessary checking of 25% of the total plots in the village in both the cases submitted his report alongwith the detailed chart of the plots showing the area by measurement on map and the area recorded in Khasra. It is apparent that the almost all the plots shown in the schedules the areas shown in the map differ against the area shown in the Khasra. In some plots the area shows in. the sights of records is less while in the m map it exceeds. Similarly, in some plots, the area shown in the map exceeds while it is recorded less in the Khasra. The present village map therefore, contains numerous mistakes and the same, therefore, cannot be relied upon.";