JHINKU Vs. APAR AYUKT PRASHASHAN

JUDGEMENT

(1.) Heard Ms. Ninnie Shrivastava, learned counsel for the petitioner and learned Standing Counsel for the respondents-State.

(2.) By means of the present writ petition, the petitioner is challenging the orders passed by the respondent Nos. 1 and 2 dtd. 19/4/2005 and 9/2/2019 (Annexures-1 and 2 to the writ petition) respectively with further prayer for issuance of a writ in the nature of Mandamus directing the respondents to correct the map of Gata No. 471 as per Khatuani within a period specified by this Court.

(3.) Factual matrix of the case is that the petitioner is transferable right of Khata No. 163/ Gata No. 471, area 2 bigha, 2 bishwa, 17 bishwansi, on which the petitioner is using the land for agricultural purpose which was made available to the petitioner during the course of consolidation proceedings. On measurement as per the Khatuani, the land was found short, therefore an application was moved by the petitioner to correct the map in accordance with the Khatauni. During the course of consolidation proceeding, Gata No. 471 was measured in presence of Lekhpal and Gata No. 471 during course of measurement was found short. Upon knowing the fact in regard to Gata No. 471 to be short, the petitioner moved an application under Sec. 28 and a case was registered as Case No. 151/4 before the respondent No. 2, on which Naib Tehsildar, Akbarganj, on spot inspection, submitted a report before the respondent No. 2 on 18/8/1991. Respondent No. 2, taking into notice of the report submitted by Naib Tehsildar on 18/8/1991 and ignoring the report, rejected suit filed by the petitioner vide order dtd. 9/2/1999, against which the petitioner filed Revision No. 1116 under Sec. 219 U.P. Revenue Act before the Commissioner, Faizabad Division, Faizabad which has also been rejected vide order dtd. 16/4/2005. Feeling aggrieved by both the orders, the petitioner has preferred the present writ petition under Article 226 of the Constitution of India.