GAYA PRASAD Vs. YADUNATH

JUDGEMENT

(1.) This writ petition has been filed by the petitioners challenging the order dated 19.04.2002 passed by the Additional Collector, Jalaun allowing the application filed under Sec. 28 of the U.P. Land Revenue Act by the Respondent Nos. 1 and 2 and the order dated 28th of Feb., 2003 passed in Revision No. 71/29 of 2001-2002 affirming the order dated 19.04.2002.

(2.) The case set up by the petitioners is that they are Chak-holders of Chak No. 317 of village Padari, Pergana - Kaunch, District Jalaun; and the Respondent No. 1 is holder of Chak No. 319; Respondent No. 2 is holder of Chak No. 320 of the same village; and Respondent No. 3 is holder of Chak No. 291. Chak Nos. 291, 319 and 320 all form one line and are adjacent to each other and during the consolidation operations Chak No. 291 had some excess area and Chak No. 320 had an excess area. Whereas the area of Chak No. 319 was less by 0.40 acre. By way of adjustment of these three Chaks, the aforesaid Chak-holders were compensated and they did not require any excess area from any other plot of the vicinity. It has been further alleged that on the southern side of these Chaks, Orai-Kaunch main road exists and from this main road upto Chak No. 318 there was a connecting Chakroad on plot No. 331 measuring 0.34 acre and this Chakroad was also mentioned in Form CH-41. The petitioners used this Chakroad to reach their Chak No. 317.

(3.) One Narain Das, father of Respondent Nos. 1 and 2 initiated proceedings under Sec. 28 of the Land Revenue Act which was registered as Case No. 9 of 1995-1996 and it was alleged therein that he was Bhumidhar of Plot No. 319 having an area of 107 acres and because of Chakroad shown in between Gata Nos. 319 and 320 his Chak area had been lessened and this Chakroad was never in existence either in the verified map or on any other document of Consolidation Authorities, but was illegally drawn on the map to benefit the petitioners' predecessor in interest one Parmanand. When the said application under Sec. 28 was filed a report was called for from Tehsildar, Kaunch as well as Assistant Consolidation Officer and the Additional Collector, Jalaun thereafter cancelled this Chakroad in between plot Nos. 319 and 320 by order dated 09.09.1997.