YOUTH WELFARE FRONT Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. A. Romenkumar, learned Counsel for the Petitioners, Mr. H. Ishwarlal, learned Counsel appearing for the Respondent No 4 as well as Mr. Jagat, learned G.A. appearing for the Respondents 1 to 3 respectively.

(2.) It is the case of the writ Petitioner that a portion of the Sarkari Leirak (Public Road) covered by Dag No. 1160 (old)/7023 (New) of the revenue village 85-Sagolband had been included in the land of late Heigrujam Nityai Singh having the patta No. 1577 (old)/2762 (New) of the village No. 85-Sagolband. The said patta i.e. patta No. 1577 (old)/2762 (New) admittedly had two Dags, i.e. Dag No. 1006(Old)/7005 (New) having the area of .4 acre and Dag No. 1012 (Old)/7020 (New) having the area of .28 acre, total area of the said patta is .32 acre equivalent to .1295 hectare, but subsequently the area of land covered by the said patta No. 1577 (01d)/2762 (New) having only two Dags, i.e. Dag No. 1006 (Old)/7005 (New) and Dag No. 1012 (Old)/7020 (New) had been increased by an area of .0575 hectare and it is the further case of the writ Petitioner that the said area of .0575 hectare had been increased by adding another Dag, i.e. Dag No. 1160 (Old)/7023 (New), i.e. Sarkari Leirak (Public Road) because of an order passed by the A.S. & S.O. (H.Q.) dated 14.11.86 in Revenue Misc. case No. 166/A.S. & S.O. (H.Q./1986. Basing on the above assertions and allegations, the present writ Petitioner filed the writ petition for directing the Respondents 1, 2 and 3 to correct the area mentioned in the said Jamabandi patta recorded in the name of late Heigrujam Nityai Singh and also for a direction to the State Respondent to evict the Respondent No. 4, who is the successor-in-interst of Heigrujam Nityai Singh from the said portion of the Sarkari land (Public Road) which had been added in the patta land covered by patta No. 1577 (01d)/2762 (New) of Village No. 85-Sagolband.

(3.) The Respondent No. 4 has filed affidavit in-opposition wherein it is stated that through mistake the Survey officials during survey operation had wrongly recorded the area of his patta land as .1295 hectare equivalent to .32 acre and later on the mistake in recording the area of his patta land in the Jamabandi had been corrected vide order of the A.S. & S.O. (H.Q.) dated 14.11.86 (16.11.86) passed in Rev. Misc. Case No. 166 A.S. & S.O. (H.Q.)/86. But the question is while correcting the mistake in recording the area, how had one more new Dag been added in the patta land of Heigrujam Nityai Singh?