Heard Ms. Pushpila Bisht, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State.
By means of this writ petition under Article 226 of the Constitution of India the petitioner has challenged an order dated 30.10.2016 by which proceedings for correction of Map initiated by Ram Dheeraj and others including the petitioner's own father Ram Naresh, as, informed by learned counsel for the petitioner, has been decided and the Map relating to the Gatas in question bearing No. 1018 and 1017 has been ordered to be corrected with the consent of the defendants therein who are recorded in respect of the said Gatas. The petitioner has also challenged the revisional order dated 22.10.2018 by which his revision has been rejected.
On being asked as to whether the petitioner was ever recorded in respect of Gatas No. 1018 and 1017 or was recorded in respect of the earlier Gata bearing No. 3079 which was in fact said to be recorded in the name of Chedi Lal and from which the aforesaid two Gatas have been created, the answer was in negative i.e. the petitioner was never so recorded, however, learned counsel for the petitioner stated that on a portion of the land the house and Temple constructed by the petitioner is existing and now after the correction of the Map the said construction would fall in Gata No. 1018 which is recorded in the name of private opposite parties, hence the prejudice. She also says that the petitioner has been in possession since long, however, the legal position is very well settled that unless a person is a recorded tenure holder he can not be a party to any proceedings for correction of records including Map correction nor in a proceeding for demarcation and in such a situation the only remedy if at all available to the petitioner is to seek a declaration of his title and if necessary possession of the land in dispute unless he is already in possession but there is no way that the writ Court can interfere with the impugned orders passed in proceedings where the petitioner is not a party and in fact could not have been a party.
As regards her contention that against the order dated 30.11.2016 an application for recall had been filed which was dismissed on 31.01.2018 against which a writ petition bearing No. 36577(M/S) of 2018 is pending wherein an interim order to the effect that the house of the petitioner be not demolished, is operating, once the petitioner had filed the earlier writ petition challenging the order dated 31.01.2018 by which his application for recall of the order dated 30.11.2016 was rejected and the matter is pending before this Court then this writ petition challenging the order dated 30.11.2016 should not have been filed. At best by an application for amendment, the earlier writ petition should have been amended.
Now having challenged the order dated 31.10.2016 and after arguing the matter for about half an hour the aforesaid fact can not be taken into consideration, as, having taken a chance the petitioner has to live or sink with the chance taken. Moreover, even on merits the position being as it is that unless a person is recorded he would have absolutely no locus to contest proceedings for correction of record and this not being a proceeding for grant of injunction, the pendency of the first writ petition does not persuade this Court to take any other view of the matter, especially when both the Revisional orders the one which is under challenge here and the one which is under challenge in the earlier writ petition are of the same date i.e. 22.10.2018. Moreover, as, in this writ petition the original order dated 30.10.2016 has been challenged on merits and the earlier writ petition was filed challenging the order rejecting the application for recall of order dated 30.10.2016, as such, there is no impediment in this regard, therefore, for the above mentioned reasons the writ petition is dismissed.
Any observation made herein shall not come in the way of the petitioner, if any, proceedings are initiated claiming title, right and interest in the land in dispute.
Order Date :- 30.9.2019 R.K.P.