- (1.) HEARD Sri Dinesh Rai, for the petitioners and Standing Counsel for respondents -7, Sri Sadhu Saran, holding brief of Sri V.K.S. Kushwaha, for respondent -4 and Manoj Kumar Yadav for respondent -6.
(2.) THE writ petition has been filed against the orders of Sub -Divisional Officer (respondent -3) dated 30.01.2012, Addl. Commissioner (respondent -2) dated 12.08.2013 and Board of Revenue (respondent -1) dated 19.11.2013, arising out of the proceedings under Section 29/41 of U.P. Land Revenue Act, 1901 (hereinafter referred to as the Act).
(3.) RAM Raj and Dhanmani (respondents -4 and 5) (hereinafter referred to as the respondents) are tenure holders of plot 585 (area 0 -18 -4 bigha = 0.077 hectare) of village Baghri, pargana Jamania, district Ghazipur. The respondents filed an application on 03.09.2002 (registered as Case No. 39/1 -4 -03) under Section 29/41 of the Act, for demarcation, measurement of his plot 585 and settlement of boundary marks. On this application Revenue Inspector made spot inspection and submitted his preliminary report dated 30.10.2002 that on the spot boundary marks of plot 585 were dismantled. The petitioner deposited estimated cost of survey and demarcation. Sub -Divisional Officer by order dated 31.10.2002 issued notice to the neighboring tenure holders and directed Revenue Inspector to make survey and measurement on the spot. Revenue Inspector after survey and measurement submitted his survey report dated 28.02.2003. Rajesh Kumar Tiwari and others (petitioners -1 to 3) filed an objection to the survey report. Gopi Nath (Petitioner -11) filed his objection to the survey report on 02.01.2004. Arvind and Praveen (respondents -5 and 6) filed an objection on 18.08.2008. Statement of Revenue Inspector was recorded by Sub -Divisional Officer on 23.08.2004, who was cross examined by the petitioners. Statements of Ram Raj, Gopi Nath, Dinesh Kumar Tiwari and Rakesh Kumar Tiwari were recorded. After hearing the parties, Sub -Divisional Officer, by order dated 30.01.2012 held that survey was conducted by Revenue Inspector along with Lekhpal of the village, in the presence of both the parties as admitted by Gopi Nath in his statement. Naib Tahsildar also made spot inspection and submitted his report dated 08.06.2011 that on the spot survey can be easily made of the disputed plot. Survey report submitted by Revenue Inspector does not suffer from any illegality. Accordingly survey report was confirmed and Revenue Inspector was directed to get the boundary mark corrected according to the survey report on the spot.;