JAG PRASAD Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Heard Sri Faiz Ahmad Khan, learned counsel for petitioners as well as learned Standing Counsel for respondent Nos. 1 to 3 and Sri Vijay Shankar Trivedi, learned counsel for respondent Nos. 5 to 8.

(2.) The dispute in the present case pertains to demarcation of the land situated at Gata No. 32 measuring 0.870 hect. recorded in the name of predecessor in interest of the private respondents. The petitioners are recorded tenure holders of land situated at Gata No. 23 situated at Village Madhavpar, Pargana, Tehsil and District Gonda which is adjacent to Gata No. 32 and accordingly were necessary parties in proceedings U/S 24 of U.P. Revenue Code / 41 of Land Revenue Act.

(3.) The proceedings were initiated sometimes in 2015 and the report of the revenue officials were also called for but subsequently during the proceedings after hearing the objections another fresh report of revenue officials were called which were submitted on 2/1/2020. It seems that when the case was next listed on 20/5/2022, the petitioners did not put in appearance nor did they filed their objections against the report dtd. 2/1/2020 and consequently the Sub-Divisional Magistrate, Devi Patan Mandal, Gonda confirmed the demarcation report as per the report of the revenue officials dtd. 2/1/2020 and directed for actual demarcation proceedings to be conducted (Patharnasin). The petitioners thereafter had preferred a revision before Additional Commissioner (Administration-II) stating that after filing of the second revenue report on 2/1/2020 no opportunity was given to them.