SUKHBEER SINGH Vs. COMMISSIONER MEERUT

JUDGEMENT

(1.) Rejoinder-affidavit filed today is taken on record. Heard Sri Prabhakar Sinha for the petitioner.

(2.) This writ petition has been filed against the orders of Additional Collector dated 31.5.2008, rejecting the application of the petitioner under Section 28 of U.P. Land Revenue Act, 1901 (hereinafter referred to as the Act) and Additional Commissioner dated 1.10.2009, dismissing the revision of the petitioner.

(3.) It is stated that in the reference under Section 48(3) of U.P. Consolidation of Holdings Act, 1953, Deputy Director of Consolidation passed an order dated 9.9.1980, shifting the chak road from plots 556, 557 and 566 to plots 563, 564 and 566. The order of Deputy Director of Consolidation has been duly incorporated in consolidation record on 1.10.1980, but in the final consolidation map, the correction was not made according to the order dated 9.9.1980. The petitioner therefore filed an application before Consolidation Officer for giving effect to the order dated 9.9.1980, which has been dismissed by Consolidation Officer by the order dated 21.1.2006 on the ground that under Rule 109-A of U.P. Consolidation of Holdings Rules, 1954, the map cannot be corrected as the village has been notified under Section 52 of U.P. Consolidation of Holdings Act, 1953. The petitioner filed an appeal (registered as Appeal No. 2) from the aforesaid order. The appeal was heard by Settlement Officer Consolidation, who by the order dated 31.12.2007, dismissed the appeal of the petitioner, holding that the order of Deputy Director of Consolidation dated 9.9.1980 has already been given effect to in CH Form 41 and CH Form 45. Since the matter is very old and the village has been notified under Section 52 of the Act, therefore, the correction in the map could only be done in exercise of power under Section 28 of the Act.