Ram Surat Ram (Maurya), J. - (1.) HEARD Sri V.D. Ojha, for the petitioner and Sri Satendra Pratap Singh, for the contesting respondents. This writ petition has been filed against the orders of Consolidation Officer dated 17.5.2012 and Deputy Director of Consolidation dated 20.12.2012 passed in the proceeding under section 42 -A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) SMT . Meena Kaushik (respondent -2) moved an application (registered as Case No. 44) under section 42 -A of the Act, for correction of the map, on the allegations that plot No. 440 was bhumidhari holding of Krishna Kumar son of Devi Sahai. During consolidation operation, in CH Form -2 -A, plot 440/2 (area 0 -2 -0 bigha)was shown as inside road and was recorded in CH Form -18. While plot 440/3 (area 0 -1 -0 bigha) was recorded in the name of Krishna Kumar, which was subsequently allotted new number 341 -kha. This plot was recorded in khata 34 in the name of Krishna Kumar, in khatauni 1409 F -1414 F. She purchased plot 341 -kha (area 0.013 hectare) from Krishna Kumar, through registered sale -deed and her name was also mutated over it. Although in final consolidation record, plot No. 341 -kha (area 0.013 hectare) was recorded but in the final consolidation map, it has not been shown at any place. Accordingly, the prayer has been made for correction of final consolidation map and locating plot No. 341 -kha in it. On the application of respondent -2, a report has been submitted by Assistant Consolidation Officer, mentioning therein that plot 440/1 (area 0 -13 -11 bigha) was allotted in chak 93, which was numbered as new plot 360, after consolidation. Plot 440/2 (area 0 -2 -0 bigha), which was found inside road, during partal, was left as chak out and was recorded in CH Form -18, was numbered as new plot 341 as road, after consolidation. Plot 440/3 (area 0 -1 -0 bigha), which was in the name of Krishna Kumar, was recorded in khata -34 and was numbered as new plot 341 -kha, after consolidation. Report of Chief Tracer dated 2.1.2012, was available in the record, according to it, plot 341 -kha (area 0.013 hectare) was liable to be located in final consolidation map in south -east corner of plot 360. The Consolidation Officer by order dated 17.5.2012 accepted the report of Chief Tracer dated 2.1.2012 and directed for correcting final consolidation map accordingly. The respondent has produced, the corrected map before this Court, showing that plot No. 341 -kha has been located in the road of plot No. 341.
(3.) THE petitioner filed a revision (registered as Revision No. 59) from the aforesaid order of Consolidation Officer. The revision was heard by Deputy Director of Consolidation, who by order dated 20.12.2012 held that as in final consolidation map, plot 341 -kha was not located, as such, the application for its location and correction of the map was maintainable. In such circumstances, Consolidation Officer has not committed any error in locating plot No. 341 -kha, in the final consolidation map. Accordingly, the revision was dismissed. Hence, this writ petition has been filed.;