UDAI BIR SINGH Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) COUNTER affidavit filed today, is taken on record. Heard Sri Abhishek Kumar for the petitioners and Standing Counsel for the respondents.

(2.) THE writ petition has been filed against the order of Additional Collector dated 31.1.2014 rejecting the application for correction of the map under section 28 of U.P. Land Revenue Act 1901 (hereinafter referred to as the Act) and the order of Additional Commissioner dated 26.3.2014 dismissing the revision of the petitioner against the aforesaid order.

(3.) THE Counsel for the petitioners submits that plot No. 407 is in one side in the map and its area can very well demarcated by measuring its area as referred in the settlement record and there is neither any difficulty nor any ambiguity in demarcation of the area of plot No. 407. So far as the plot No. 426, is concerned. It was found that its area is in excess of 0.390 hectare and therefore the area of the allottees is not going to be reduced in any way by demarcation of the plot No. 444 and correction of its map. On this very ground correction of the map cannot be refused. He further submits that in case no map of the land, allotted to the tenure holders, is prepared then it is not possible for the petitioners to say anything in this respect. It is duty of the revenue authorities to demarcate the land to the allottees on the spot. In any case if the hearing of the allottees was required then notices ought to have been issued to them and they could have been heard. But only on this ground the application for correction of map could not have been rejected.