SIDDHA NATH Vs. D D C AND OTHERS

JUDGEMENT

(1.) Heard Sri Brij Raj for the petitioner and Sri Vimalendra Rai for the respondents.

(2.) The writ petition has been filed for quashing the order of Deputy Director of Consolidation (respondent-1) dated 08.11.1994 passed in Revision No. 532/713, Babu Lal Vs. State and others, arising out of correction of the map proceeding under Section 42-A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) Babu Lal (respondent-2) filed an application (registered as Case No. 393) under Section 27/42-A of the Act, for correction of the settlement map prepared during consolidation. It has been stated by respondent-2 that old plot No. 97/12 (area 0.615 acre) was allotted to him during consolidation from which new plot no. 393 (area 0.615 acre) has been made. This plot No. 97/12 was on roadside. In the corrected map as well as the confirmed map prepared after confirmation of the chak under Section 23 of the Act, this plot was shown on the roadside. He was given possession over his confirmed chak on roadside. But in the final settlement map, in between plot No. 393 and the road, plot Nos. 392-Ka and 392-Kha have been shown although plot Nos. 392-Ka and 392-Kha were made from the old plot 97/13 which was chak out during consolidation and these plots were behind the chak of the petitioner. On these allegations, he prayed for correction of the settlement map. The petitioner filed an objection to the aforesaid application and denied the allegations of Babu Lal made in his application. The petitioner has stated that his plot No. 97/13 was on roadside and as such it was left chak out during consolidation. In the corrected map and in the confirmed map prepared after confirmation of the chak under Section 23 of the Act, plot No. 97/13 was shown on the roadside and on it's basis final settlement map has been prepared showing new plots 392 Ka and 392 Kha on the roadside in final settlement map. Babu Lal cleverly got the corrected map and confirmed map removed from the record and in it's place a fabricated and unsigned map has been placed on the record, on which basis he is now claiming for correction of the settlement map. The application of Babu Lal is liable dismissed.