VIJAY ANAND Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Shri Pradeep Kumar Rai, learned counsel for the petitioners. Learned Standing Counsel appears for the respondent Nos. 1 and 2, Shri D.V. Jaiswal, learned counsel appears for respondent Nos. 3 and 4, and Shri Mahesh Kumar, learned counsel represents the respondent Nos. 5 to 10.

(2.) It appears from the writ petition that the petitioners and one Ashish Das filed an application under Sec. 24 of the Uttar Pradesh Revenue Code, 2006, Code, 2006, for demarcation of their Plot Nos. 450 and 452 situate in Village-Sihara Govind Bahar Chungi (Moradabad), Tehsil and District Moradabad. In the Khatauni that is enclosed as Annexure-4 to the writ petition, the area of Plot No. 450 is shown as 1.7520 hectares and area of Plot No. 452 is shown as 0.4050 hectares. On the aforesaid application, a report was called for by the Sub-Divisional Officer from the Tehsildar Sadar. Though initially a report was submitted on 20/11/2017, it was subsequently cancelled and thereafter another report was submitted by the Revenue Inspector on 23/9/2019 which was forwarded by the Tehsildar on 24/9/2019 to the Sub-Divisional Officer, Sadar. It is stated that the respondent No. 3, Om Prakash Saini, filed an objection against the report dtd. 23/9/2019. Om Prakash Saini is stated to be a tenure-holder of Plot No. 454/503, which is likely to be affected by the demarcation. The testimony of the Revenue Inspector was recorded on 13/11/2019. Thereafter, the order dtd. 28/11/2019 was passed by the Sub-Divisional Officer, Sadar, Moradabad accepting the report of the Revenue Inspector dtd. 23/9/2019, which was forwarded by the Tehsildar, Moradabad on 24/9/2019. Accordingly, it was directed that for affixing the permanent boundary marks, the record be sent to the Tehsildar, Moradabad.

(3.) Thereafter, it appears that the respondent Nos. 3 and 4 filed an appeal before the Court of the Additional Commissioner (Administration), Moradabad under Sec. 207 of the Code, 2006. By the order impugned dtd. 21/11/2020, the Additional Commissioner (Administration), Moradabad Division, Moradabad allowed the appeal and set aside the order of the Sub-Divisional Officer dtd. 28/11/2019. While passing the order dtd. 21/11/2020, the Additional Commissioner referred to the very same report dtd. 23/9/2019, which was forwarded by the Tehsildar on 24/9/2019, and found that the map of Plot Nos. 450 and 452 reflects excess area than the area present on site by 396.25 sq. mts. and 820.28 sq. mts. respectively. It was observed by the Additional Commissioner that in case the petitioners/respondents wish, they can take steps for demarcation after the map is corrected.