SURESH PRATAP SINGH Vs. ADDITIONAL COMMISSIONER FAIZABAD AND OTHERS
LAWS(ALL)-2016-2-330
HIGH COURT OF ALLAHABAD
Decided on February 19,2016

Suresh Pratap Singh Appellant
VERSUS
Additional Commissioner Faizabad And Others Respondents

JUDGEMENT

- (1.) Heard Sri R. Vijay Singh for the petitioner and Sri B. K. Singh for the contesting respondents.
(2.) The writ petition has been filed against the orders of Chief Revenue Officer dated 12.10.2004, Additional Collector dated 11.1.2005 and Additional Commissioner dated 19.12.2006 passed in the proceeding under Section 28 of UP Land Revenue Act 1901 (hereinafter referred to as the 'Act').
(3.) Ganga Prasad Singh (now represented by the respondents - 3 to 8) filed an application under Section 28 of the Act for correction of map of plot no. 315. It has been stated that plot no. 315 (area 1.795 hectare) of village Katawan, pargana Miranpur, distt. Sultanpur was rightly allotted to him. Full area of plot no. 315 has been mentioned in CH Forms- 23, 41 and 45. He was also in possession of the full area of this plot but in the map its area had been mentioned lesser than its actual area. On that application, the Additional Collector called for a report. Chief Tracer submitted his report dated 6.3.1998 in which it was found that in the map, area of plot no. 315 was shown as less than 1-17-0 bigha while areas of surrounding plots -291, 316, 317, 318, 991 ka, 991 kha, 994 and 995 were more than their actual area. It may be mentioned that plot nos. 991 ka and 991 kha belonged to the petitioner and his co-sharers, namely, Krishna Kumar Singh, Mahendra Pratap Singh, Manish Pratap Singh, Rajnish Pratap Singh, Devta Pratap Singh and Suresh Pratap Singh. Since plot no. 991 was jointly recorded in the names of aforesaid persons as such notices, as issued by the Additional Collector to these persons, have been accepted by Krishna Kumar Singh, one of the co-tenure holder. The case was contested by Manager, Rani Laxmi Bai, Girls Inter College and Samarjeet Singh. The Chief Revenue Officer after hearing the parties by order dated 12.10.2004 approved the report of Chief Tracer dated 6.3.1998 and directed for correction of map according to the report dated 6.3.1998.;


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