GAYATRI DEVI Vs. DISTRICT JUDGE GORAKHPUR

JUDGEMENT

(1.) The present petition has been filed by the defendant against an order passed in a revision by the District Judges Gorakhpur. The dispute was about plot No. 461/127/1. The plaintiff claims that the defendant was interfering in the plaintiff's possession over the disputed plot. The case of the defendant was that he was owner of plot No. 461/127/1 and the plaintiff had nothing to do with plot No. 46i/i27-A Settlement Map was filed which did not contain plot No. 461/127/1. Obviously this sub-division seems to have been carved out at some later stage and, therefore, this could not be in the settlement map. A survey map was also filed which has been challenged by the learned counsel for the peti ioners on the ground that the wells were deemed as fixed points. It may b3 pointed out that the well, groves or trees which have been shown in the survey map are only as symbol and not shoeing their exact location in sub-plot. It is not practically possible to plant various trees, groves or wells within the small plot in the map nor their size can be "indicated. In the circumstances the plot in which the well is situate may be identified with the help of a well or such other thing which can be deemed as one of the points for finding out the disputed plot but the well or any construc tions as such cannot be treated to be fixed point for that purpose. In the instant case it is not necessary to go into correctness of the Commissioner's Map. The settlement map also does not contain plot No 461/127/1. This sub-division may have been carved out after preparation of Settlement Map. In these circumstances unless a recent map is produced, no useful purpose can be served by any survey map. In this case the defendant is able to procure any recent map, he may apply for a fresh commission and new survey map may be prepared in accordance with the principles laid down bylaw. In these circumstances I do not think it necessary to quash any of the impugned orders as they are not very relevant for the decision of the case. The writ petition is accordingly dismissed. There will be no order as to costs. .