BISESWAR DANDPAT Vs. SARASWATI DEI

JUDGEMENT

(1.) The plaintiff-petitioner has filed this writ application assailing the order dated 29-11-2006 in Annexure-1 passed by the learned Civil Judge (Senior Division), Rairangpur in T. S. Case No. 23/1995 rejecting the application to exhibit the village maps.

(2.) The fact of the case in nut-shell is that the plaintiff-petitioner filed Title Suit No. 23/ 1995 before the learned Civil Judge (Sr. Division), Rairangpur praying for declaration of title over Ac.0.1 decimal of land as found by Civil Court Commissioner and delivering the possession of the same to him by evicting defendant Nos. 1 to 3 from the said area, his easementary right of way over path and injuncting defendants permanently not to interfere with his possession. The suit was decreed on 24-11-2000. Assailing the same, some of the defendants filed Title Appeal Nos. 1 of 2001 and 2 of 2001 before the Additional District Judge, Rairangpur. After hearing the parties, learned lower appellate Court remanded the matter to the learned Civil Judge (Senior Division), Rairangpur with a direction to appoint a Civil Court Commissioner for measurement of the suit land afresh at the cost of the parties and dispose of the suit within six months.

(3.) After remand the plaintiff-petitioner filed an application before the Board of Revenue to obtain certified copy of the original map of mouza Bisoi and the plaintiff was accordingly directed to deposit the requisite amount to obtain the printed copy available for public sale. In view of the notification issued by the Board of Revenue dated 6-12-2003 indicating enhancement of cost of saleable maps with reference to the Government in Revenue Department letter No. 57031/ 2011 dated 4-2-2013 under clause (1) wherein it is stated that village maps finally published under O. S. & S. Act and O. C. H. & P. F. I. Act, the present rate per sheet Rs. 10 has been revised rate per sheet to Rs. 25 and such notification has been issued by the Director of Land Records and Survey addressing to the various authorities of the Revenue Department. Accordingly, the plaintiff petitioner deposited the requisite fees for supply of the printed copy of the maps which has been supplied to him in conformity with the provisions of law.