Devendra Kumar Upadhyaya,J. - (1.) Having regard to the facts narrated in the affidavit filed in support of Civil Miscellaneous Application No.97300 of 2014 seeking condonation of delay in preferring the review petition, the delay is condoned and the application is allowed.
(2.) This petition seeks review of the judgment and order dated 19.12.2011 passed by this Court whereby the writ petition filed by respondent no.1-Smt Krishna Kanti and others (the petitioners in Writ Petition No.662 (M/S) of 2004) against the orders dated 22.05.2001, 31.08.2001 and 21.10.2003 passed by the Additional Collector (Finance and Revenue), Unnao, Additional Commissioner (Administration), Lucknow Division, Lucknow and the Board of Revenue respectively was allowed and the said orders were quashed.
(3.) The facts of the case in brief are that an application seeking correction of map was filed by Smt Krishna Kanti with the prayer that she is the bhumidhar with transferable rights of an area of 1 bigha in plot no.5265 and further that the said plot is a bigger plot and except the area belonging to the petitioner, rest of the area of plot no.5265 has been acquired by the State Government. It was thus prayed that area of 1 bigha out of said plot no.5265 be carved out in the map and a new number, namely, 5265 kha may be assigned to her holding. The Additional Collector while entertaining the said application passed an order dated 22.01.1998 observing therein that if the prayer made by Smt Krishna Kanti for correction of map is allowed, the same may affect the Fire Brigade Station and accordingly Fire Brigade Officer be impleaded as a party. By the said order, notice was issued to the Fire Brigade Officer, who appears to have put in appearance before the court of Additional Collector. Accordingly, the Additional Collector allowed the application moved by Smt Krishna Kanti vide his order dated 24.04.1998 whereby he elaborately dealt with the prayer made by her and came to the conclusion that since the area in khatauni of plot no.5265 which belongs to the petitioner, is recorded as 1 bigha, as such she is entitled to the said area and map be also corrected accordingly.;