S.K. Singh, J. - (1.) Heard learned Counsel for the parties.
(2.) The challenge in this petition is the order of Board of Revenue dated 10.4.2001 by which recommendation made by the Additional Commissioner has not been accepted and revision filed by the petitioner has been dismissed.
(3.) After examination of the matter, in the light of the arguments as has been placed, it appears that an application was filed on behalf of the petitioner to the effect that the opposite parties are allottees in plot No. 1012 situated in village Ratibhanpur district Mainpuri. Pursuant to the aforesaid allotment, the opposite parties appears to have moved an application before the sub-Divisional Officer for ensuring necessary demarcation in the map and also demarcation and specification of their land on the spot. On the application moved by the opposite parties, report appears to have been called upon which initially, Supervisor Kanoongo submitted his report on 15.3.1985, but thereafter, it appears that report submitted by the Supervisor Kanoongo was not accepted or for any other reason, another report was called which was submitted on 24.12.1985, copy of which is Annexure-5 to the writ petition. The Assistant Sub-Divisional Officer by his order dated 15.3.1986 has directed for finalizing demarcation in the map, on the spot in the light of the report of Supervisor Kanoongo dated 15.3.1985. Against this order, the petitioners filed revision which has been recommended to be allowed by the order of Additional Commissioner dated 9.10.1986 but the Board of Revenue has dis-approved the reference by the impugned order dated 10.4.2001. The submission is that the Board of Revenue has not applied its mind to the facts and submission as made an in respect to worth and merits of the report submitted by Naib-Tahsildar dated 24.11.1985 and 30.12.1985 referred above. Arguments is that otherwise also. Board of Revenue has not assigned any reason for dis-agreeing with the recommendation and as there is no other reason, the matter needs fresh attention of the Board of Revenue.;