Ram Surat Ram (Maurya), J. - (1.) SUPPLEMENTARY affidavit, filed by the petitioners is taken on record. Heard Sri Rajesh Gupta, for the petitioners and Sri Satyendra Kumar Singh, for the contesting respondents. This writ petition has been filed against the orders of Consolidation Officer, dated 18.11.2013 and Deputy Director of Consolidation dated 10.11.2014, passed in proceeding under section 42 -A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) NEPAL Singh and others (respondents -3 to 6) (hereinafter referred to as the respondents) filed an application (registered as Case No. 8 of 2013) under section 42 -A of the Act, for correcting the number of chak road from "1041 and 1088" to "1089" and chak nali from "1089" to "1041 and 1088" in final consolidation map and record. It has been stated that in previous consolidation operation in the village, chak road was carved out from old plots 988, 991, 993, 1005, 1017, 1019, 1020, 1021, 1022, 1127, 1128, 1129 and 1131 of which new number was allotted 465 (area 2 -0 -15 bigha) and chak nali was carved out from old plots No. 987, 988, 991, 993, 1005, 1017, 1019, 1020, 1021, 1022, 1128, 1129, 1131 and 1132 of which new number was allotted 464 (area 1 -3 -0 bigha). Chak road is in the northern side of chak nali on the spot and number of chak road ought to allotted "464" and chak nali ought to be allotted "465". In present consolidation operation, previous chak road and chak nali were not disturbed and remained at its existing place. New number "1089" was allotted from old number "464" and new numbers "1041 and 1088" were allotted from old number "465". This was an inadvertent mistake and was liable to be corrected. The case was contested by the petitioners, who filed their objection in the aforesaid application. They admitted that in previous consolidation operation, held in the year 1960 -1961 in the village, chak road was carved out from old plots 988, 991, 993, 1005, 1017, 1019, 1020, 1021, 1022, 1127, 1128, 1129 and 1131 of which new number was allotted 465 (area 2 -0 -15 bigha) and chak nali was carved out from old plots 987, 988, 991, 993, 1005, 1017, 1019, 1020, 1021, 1022, 1128, 1129, 1131 and 1132 of which new number was allotted 464 (area 1 -3 -0 bigha) and in present consolidation operation previous chak road and chak nali were not disturbed and remained at its existing place and its new number "1089" was allotted from old number "464" and new number "1041 and 1088" were allotted from old number "465" but denied that there was any mistake in it. The Consolidation Officer called for a report from Consolidated, who after examining old and new records and spot inspection submitted his report dated 6.3.2013. In his report he has mentioned that in previous consolidation operation, held in the year 1960 -1961 in the village, chak road was carved out from old plots 988, 991, 993, 1005, 1017, 1019, 1020, 1021, 1022, 1127, 1128, 1129 and 1131 of which new number was allotted 465 (area 2 -0 -15 bigha) and chak nali was carved out from old plots 987, 988, 991, 993, 1005, 1017, 1019, 1020, 1021, 1022, 1128, 1129, 1131 and 1132 of which new number was allotted 464 (area 1 -3 -0 bigha). On the spot, chak road is in northern side of chak nali but due to inadvertent mistake its new number was allotted as "465" and new number of chak nali was allotted as "464" and it was liable to be corrected. According to the area of chak road as (2 -0 -15 bigha), its existence in northern side and chak nali as (1 -3 -0 bigha) its existence in southern side was correct. In present consolidation operation previous chak road and chak nali were not disturbed and remained at its existing place and new number "1089" was allotted from old number "464" and new number "1041 and 1088" were allotted from old number "465". Thereafter the matter was heard by Consolidation Officer, who after hearing the parties by order dated 18.11.2013 found the report of Consolidator as correct. He found that old plot "987" was allotted in chak nali and old plot "1032" was allotted in chak road. He further found that after plot "463" in its southern side plot "465" was allotted which ought to be "464" and thereafter in its southern side plot "464" was allotted it ought to be "465". On these findings he allowed the correction application. The petitioners filed a revision (registered as Revision No. 161) against the aforesaid order. The revision was heard by Deputy Director of Consolidation, who by order dated 10.11.2014, affirmed the findings of the Consolidation Officer and dismissed the revision. Hence, this writ petition has been filed.
(3.) THE Counsel for the petitioners submitted that previous consolidation operation was held in the year 1960 -1961. Thereafter second consolidation was held. No objection was filed about the alleged mistake committed in previous consolidation operation either at the stage of section 9 or at the stage section 20 of present consolidation. The correction application was not maintainable. In any case it was liable to be dismissed on the ground of delay. I have considered the arguments of the Counsel for the parties and examined the record. Section 42 -A of the Act has an overriding effect and mistake can be corrected at any time. Correction application cannot be rejected on the ground of delay. The Consolidation Officer, after examining the record found that there was an error in allotment of new number in the map and record of previous consolidation. Admittedly in previous consolidation operation, chak road was carved out from old plots 988, 991, 993, 1005, 1017, 1019, 1020, 1021, 1022, 1127, 1128, 1129 and 1131 of which new number was allotted 465 (area 2 -0 -15 bigha) and chak nali was carved out from old plots 987, 988, 991, 993, 1005, 1017, 1019, 1020, 1021, 1022, 1128, 1129, 1131 and 1132 of which new number was allotted 464 (area 1 -3 -0 bigha) and on the spot chak road is in the northern side of chak nali and its area is tallying on the spot. Finding of fact that old plot "987" was allotted in chak nali and old plot "1032" was allotted in chak road and after plot "463" in its southern side plot "465" was allotted which ought to be "464" and thereafter in its southern side plot "464" was allotted it ought to be "465" could not be challenged by the petitioners. In any case, this order of correction of numbers of chak road and nali does not cause any prejudice to the petitioners. The writ petition has no merit and is dismissed.;