RAM SURAT RAM MAURYA, J. - (1.) HEARD Sri Pulak Ganguly, for the petitioner and Sri Vishal Khandelwal, for the contesting respondent -4.
(2.) THE writ petition has been filed against the orders of Deputy Collector, dated 09.04.2013, allowing objection of Om Babu (respondent -4) against 'kurra' prepared by Lekhpal, for preparation of final decree in the partition suit and Additional Commissioner, dated 14.08.2014, dismissing the revision of the petitioner against aforesaid order, in suit under Section 176 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the 'Act').
(3.) OM Babu (respondent -4) filed a suit (registered as Suit No. 73 of 2010) under Section 176 of the Act, for partition of his 1/2 share in plots 197 (area 4.0490 hectare) and 275 (area 0.2850 hectare) of village Salempur Muria, tahsil Fatehabad, district Agra. W ith the consent of the parties, preliminary decree dated 16.05.2011 was passed holding share of Om Babu and Kalicharan as 1/2 each. Lekhpal was directed to prepare 'kurra' for the purposes of passing final decree. Lekhpal prepared 'kurra' and submitted his report on 22.07.2011. Om Babu (respondent -4) filed his objection against aforesaid 'kurra', which was allowed by Deputy Collector by order dated 22.09.2011. Thereafter, Lekhpal again prepared 'kurra' and submitted his report on 22.11.2011. Om Babu (respondent -4) again filed his objection, which was allowed by Deputy Collector by order dated 09.04.2013 and 'kurra' as prepared on 22.11.2011 was rejected and Lekhpal was directed to prepare fresh 'kurra' without carving out any common rasta and nali to the parties. The petitioner filed a revision (registered as Revision No. 67 of 2012 -13) against the aforesaid order which was dismissed by Additional Commissioner by order dated 14.08.2014. Hence this writ petition has been filed. The counsel for the petitioner submitted that chak road as provided on plots 185 and 196 were blocked by anti -social elements. Looking to the acute need of passage to the parties, Lekhpal has provided a common passage of 2 1/2 meter wide and nali of one meter wide in plot 197, which is essential for beneficial enjoyment of the share of the parties. Deputy Collector has illegally set aside the 'kurra' prepared by Lekhpal. In case, respondent -4 has any grievance against 'kurra' the petitioner is ready to exchange his 'kurra'. Deputy Collector is again and again setting aside the 'kurra' prepared by Lekhpal.;