BRIJ KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Kunal Shah, learned counsel for the petitioner, learned Standing Counsel for the State-respondents, Shri Azad Rai, learned counsel for the respondent No. 7, the Land Management Committee concerned. Shri Sanjeev Kumar Tyagi, learned counsel has put in appearance on behalf of the private respondent No. 8.

(2.) By the order dtd. 8/2/2021 passed by the Sub-Divisional Magistrate, Sadar, District Prayagraj in Case No. 06288 of 2020 under Sec. 24 of the U.P. Revenue Code, 2006, the objections preferred by the petitioner to the exparte demarcation report of the Revenue Inspector/respondent No. 6 was rejected and the demarcation report was confirmed. By the order dtd. 14/3/2024, the appeal preferred by the petitioner under Sec. 24 (4) of the Revenue Code, 2006 has been rejected. By the order dtd. 15/4/2024, the Board of Revenue has proceeded to reject the revision preferred by the petitioner under Sec. 210 of the Revenue Code, 2006.

(3.) It is the case of the writ petitioner that his father along with others was the recorded tenure holder/ Bhumidhar of Plot No. 122 area 0.5450 hectares situate in village Dadanpur, Tehsil Sadar, District Prayagraj. Subsequent to the death of his father in the year 2018, the petitioner succeeded to the share of his father in the aforesaid plot No. 122. The plot No. 122 is adjacent and contiguous to plot No. 123 area 0.610 hectare belonging to the respondent No. 8 and other tenure holders. The respondent No. 8 initiated proceedings for demarcation and fixation of boundaries of his Plot No. 123 before the Sub-Divisional Magistrate, Tehsil Sadar, District Prayagraj under Sec. 24 of the U.P. Revenue Code, 2006. The petitioner was not made a party to the proceedings under Sec. 24 in violation of the sub Rule 1 of Rule 22 of the U.P. Revenue Code Rules, 2016. The Sub-Divisional Magistrate/respondent No. 4 called for a report vide order dtd. 27/7/2020 from the respondent No. 6/Revenue Inspector. The respondent No. 6 carried out an exparte inspection and demarcation exercise relating to Plot No. 123. In the report submitted on 14/8/2020, it was stated that inspection was conducted on the spot after issuing the notices to the concerned parties.