SARJU PRASAD Vs. BHAWANI DIN

JUDGEMENT

(1.) Bhawani Din and others move an application under Sec. 28 U.P. Land Revenue Act, 1901 in the Court of Additional Collector, Fatehpur. The complaint is that area extracted from the map is less than recorded in the khatoni. The court calls a for an inquiry report from Tahsildar. The same is received on 19.9.1992. A protest by objector Sarju Prasad. On 29.7.1993 Additional Collector passes an order correcting the shape of the map in accordance with the inquiry report.

(2.) Aggrieved by the order Sarju Prasad files a revision No. 32/209 of 1995-96. On 22.5.1995 Additional Commissioner Dr. J.B. Sinha enters an order of dismissal. Aggrieved by this a revision by Sarju Prasad.

(3.) The revision dockets for hearing before Honourable Member Shri Ram Janam Singh. On 20.3.1997 he finds himself in dire straites as two opinions, flagrantly opposed to each other, are cited as to admission of Tahsildar's report in evidence. He finds 1983 Allad Vidhi Nirnay 62 ruling that report of Tahsildar is perfectly admissible without formal proof in an action at lav under Sec. 28 U.P. Land Revenue Act. As against this 1993 R.D. (Hindi) 5 formulates a view that report is not admissible without its proof by examining the author of the report. Finding himself in a quandary and unable to straighten out Honourable Member has requested Honourable Chairman, Board oi Revenue, U.P. to constitute a larger Bench to re-consider the matter and resolve the controversy. On 1.10.1997 Honourable Chairman has nominated three Member; comprising this bench to consider the acute dilemma and decide. This is how, the bench is here in session.