SHIV PRASAD Vs. DY. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel representing the State-respondents, Shri Azad Khan, learned counsel representing the Gaon Sabha concerned and Shri Ram Nath Pandey, learned counsel representing the respondent no.3. Under challenge in this petition is an order passed by the Deputy Director of Consolidation, Faizabad dated 05.09.2018 in a revision petition preferred by the respondent no.3 against the orders dated 09.11.2000 and 06.02.2009 passed by the Consolidation Officer and Settlement Officer, Consolidation respectively. By the impugned order, the revision petition preferred by the respondent no.3 has been allowed and the aforesaid orders dated 09.11.2000 and 06.02.2009 passed by the Consolidation Officer and Settlement Officer, Consolidation have been set aside and it has further been ordered that area of khasra plot no.180 be recorded as 0.188 as per the record of the Bandobast and accordingly map be corrected.

(2.) With the consent of the learned counsel for the parties, the petition is finally decided at the admission stage itself.

(3.) The facts of the case, which can be culled out from the pleadings available on record, are that the petitioner moved an application before the Assistant Consolidation Officer stating therein that area of plot no. 180 as per spot, map and survey is 0.280 hectare, however in the khatauni, the same has wrongly been recorded as 0.188 hectare. It was further stated by the petitioner that he has been in possession over the entire area 0.280 hectare of plot no.180 and accordingly the relevant records be corrected depicting the area of plot no.180 to be 0.280 hectare. The Settlement Officer, Consolidation vide his order dated 09.11.2000 passed an order granting the prayer made by the petitioner and accordingly ordered that area of gata no.180 be recorded as 0.280 hectare as per the survey measurement.