- (1.) RAKESH Tiwari, J. Heard Counsel for the parties.
(2.) THIS petition has been filed against the judgment and order dated 13. 12. 2001 passed by the Additional Commissioner (Administration), Varanasi Region Varanasi allowing the Revision under section 219 of the Land Revenue Act, 1908 by Ram Achal Singh, respondent No. 3. The facts of the case are that the O. P. No. 3 had filed case No. 16 of 1986 under section 28 of Land Revenue Act for correction of map in respect of Plot No. 258 area 48 decimal situated at Village Vish-wanathpur, Pargana Pandrah, District Varanasi which was allowed by the order dated 28. 1. 1987 passed by the Additional Collector/chief Revenue Officer, Varanasi directing to correct the northern line of demarcation of plot No. 258 in the map. The concerned Revenue Inspector and Lekhpal were alleged to have wrongly corrected the map disturbing all the four lines of demarcation and when the O. P. No. 3 on the basis of wrong map tried to get the survey of the land in dispute then the petitioner on coming to know of this fact moved application dated 20. 5. 2000 before the Chief Revenue Officer for correction of the map according to order dated 28. 1. 1987 and to take action against the employees who had deliberately and illegally made wrong correction in the map. On the application dated 20. 5. 2000 moved by the petitioner, the Additional Collector/chief Revenue Officer, Varanasi directed the Ahalamad to produce the original file however the Ahalamad submitted a report dated 20. 5. 2000 that the original record was sent to the Court of Tehsildar on 3. 11. 1987 which is not received back till now. The Tehsildar Pindra then directed to produce the original record of the case who also submitted a report dated 18. 12. 2000 through Revenue Inspector that original record of the case is missing after amendment in revenue record and the map was not corrected according to the order dated 28. 1. 1987.
(3.) THE petitioner again moved an application dated 16. 1. 2001 for cancellation of the map wrongly corrected and for its correction as per order dated 28. 1. 1987 as pointed out by the Tehsildar report dated 18. 12. 2000 passed by the Additional Collector on this application the Additional Collector/chief Revenue Officer Varanasi again asked for a report from the Tehsildar Pindra for fixing responsibility of the missing original record and to further directed him to trace out the original file. THE Tehsildar Pindra by his report dated 9. 2. 2001 through Revenue Inspector informed the earlier Revenue Inspector and the Lekhpal who had made entry of order dated 28. 1. 1989 and made correction in the map are responsible for missing of the records and also that the correction made in map is not in accordance with the order aforesaid. The Additional Collector/chief Revenue Officer after considering the report of Tehsildar dated 9. 2. 2001 then directed the Sub Divisional Magistrate Pindra vide his order dated 13. 2. 2001 to stay the effect of wrong correction and to take administrative action against the concerned-Revenue Inspector and Lekhpal against which O. P. No. 3 had filed a revision under section 219 of the Land Revenue Act.;