SHAMSHAD ALI Vs. BOARD OF REVENUE MEERUT

JUDGEMENT

(1.) Heard Sri Ayub Khan, learned counsel for the petitioner and Sri Vineet Kumar Singh, learned counsel appearing on behalf of respondent no.5.

(2.) It reflects from the record that an application was filed by respondent no.5 for correction of map in between the plot nos. 689, 696 and 685 in respect of his abadi plot no. 682/745 area 7 biswa. The said application was filed on 1.2001 under Sec. 28 of the Act. The application was registered as Case No. 3 of 2001. During the pendency of the proceeding before the Sub Divisional Officer, an application was filed by the petitioner, who claims to be the owner of gata no. 680 for his impleadment on the ground that by the proposed correction of map, his holding is going to be disturbed and therefore, he is the necessary party. The said application of the petitioner was rejected by the Additional District Magistrate vide order dated 5.8.2004. Subsequently, after six days from the passing of the said order, another application was filed by the petitioner, which too was rejected by the Additional District Magistrate vide order dated 20.8.2004.

(3.) Aggrieved by both the orders passed by the Additional District Magistrate, petitioner filed two revisions bearing revision nos. 22 and 23 of 2003-04 under Sec. 210 of the Act. The said revision before the Commissioner Meerut Division, Meerut later on transferred to the Additional Commissioner, who vide order dated 22.11.2004 allowed both the revisions and set aside the order dated 5.8.2004 as well as order dated 20.8.2004. The respondent no.5 assailed the order of the revisional court dated 22.11.2004 by way of filing revision before the Board of Revenue, Circuit Bench at Meerut under Sec. 219 of the Act, which was allowed vide impugned order dated 13.2.2007 and the orders passed by the Additional Commissioner dated 22.11.2004 was set aside upholding the orders dated passed by Additional District Magistrate dated 20.8.2004 and 5.8.2004 respectively.