SHYAM RAJI & ORS Vs. BOARD OF REVENUE LKO THRU CHAIRMAN
LAWS(ALL)-2019-2-325
HIGH COURT OF ALLAHABAD
Decided on February 20,2019

Shyam Raji And Ors Appellant
VERSUS
Board Of Revenue Lko Thru Chairman Respondents

JUDGEMENT

Devendra Kumar Upadhyaya,J. - (1.) Heard learned counsel for the petitioners Sri M.E. Khan, learned Standing Counsel representing the State-respondents and Sri Aditya Kumar Tiwari representing the respondent nos. 3 & 4.
(2.) This petition instituted under Article 226 of the Constitution of India challenges the orders dated 04.12.2015 passed by the Board of Revenue and also the order dated 31.01.2015 passed by the Additional Commissioner (Administration), Faizabad Division, Faizabad in proceedings which had arisen before these two courts out of an order passed by the Chief Revenue Officer on 30.05.2014 whereby he had allowed the application made by the petitioners under Section 28 of U.P. Land Revenue Act seeking correction of map in respect of Plot No. 843 situate in village Paliya Shahbadi, Tehsil Sadar, District Faizabad.
(3.) The facts of the case are that the predecessor in interest of the petitioners Lalta Prasad had moved an application for seeking correction of map in respect of land in question stating that the area of the plot shown in the map is less than the actual area of the plot recorded in the Khatauni. The said application was moved by Lalta Prasad on 16.07.1998, on which, a report by the tracer was submitted on 28th August, 2001. The Additional District Magistrate accordingly allowed the said application vide its order dated 16th December, 2002 and ordered for the correction of map. The opposite party no. 3/Salik Ram, however, moved an application under Section 201 of U.P. Land Revenue Act for restoration and setting aside of the order dated 16th December, 2002. The said application was moved by opposite party no. 3 on 28.04.2011, however, the same was rejected by the Additional District Magistrate, vide its order dated 18th July, 2012. Opposite party no. 3 thereafter preferred a revision petition under Section 219 of U.P. Land Revenue Act, challenging the orders dated 18.07.2012 and 16.12.2002, passed by the Additional District Magistrate, which too, was dismissed by the Additional Commissioner, vide its order dated 29th April, 2014. The respondent no. 3, thereafter filed Writ Petition No. 3754 (M/S) of 2014 before this Court challenging the orders dated 29.04.2014, 18.07.2012 and 16.12.2002 passed by the Additional Commissioner and the Additional District Magistrate respectively, which too was dismissed by this Court vide its judgement and order dated 16.07.2014.;


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