MALUYI Vs. DY DIRECTOR OF CONSOLIDATION MIRZAPUR

JUDGEMENT

(1.) S. N. Srivastava, J. Present petition is directed against the order dated 27-12-2002 passed by the Depty Director of Consolidation in exercise of powers under Section 48 (3) of the U. P. Consolidation of Holdings Act.

(2.) THE dispute in this petition revolves round plot No. 2375/9 admeasuring 1 Bigha, 7 Biswas and 17 Dhur situated in village Aksauli Tappa 84 Pargana Kantit Tahsil Sadar District Mirzapur. It appears from the materials on record that the disputed plot was allocated to the petitioner in his Chak in the proceedings under Section 20 of the U. P. Consolidation of Holdings Act and actual possession was also delivered, according to the petitioner on 30-10-1985. In the self same proceedings under the Consolidation of Holdings Act, plot No. 2375/8 came to be allocated to one Ram Batuk. Ram Batuk executed a sale-deed of the said land in favour of contesting Opp. Parties Vijai Shanker and Ram Kumar. THE present dispute has its genesis in some application which was moved by the transferes-contesting respondents under Section 42-A of the U. P. Consolidation of Holdings Act for correction of entry of plot No. 2375/9 in place of 2375/8 as recorded in the revenue record. In pursuance of this application, Consolidation Officer as well as Settlement Officer Consolidation referred the matter to the Deputy Director Consolidation who by his order dated 27-12-2002 allowed the application and passed order for incorporating entry of plot No. 2375/9 in place of 2375/8 in the revenue record in favour of the contesting respondents.

(3.) BEFORE dealing with the submissions advanced across the bar, it would be appropriate to have acquaintance with the provisions of Section 42-A of the U. P. Consolidation of Holdings Act: "42-A. Correction of clerical or arithmetical errors.- Notwithstanding anything contained in any law for the time being in force, if the Consolidation Officer or the Settlement Officer, Consolidation, is satisfied that a clerical or arithmetical error apparent on the face of the record exists in any document prepared under any provision of this Act, he shall either on his own motion or on the application of any person interested, correct the same. "