Court No. - 50
Case :- WRIT - B No. - 41646 of 2016 Petitioner :- Raja Ram Respondent :- Board Of Revenue Lucknow And 8 Others Counsel for Petitioner :- Manish,Gajala Srivastava Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav,Neelesh Kumar Mishra
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner.
The present writ petition has been filed against the orders dated 25.3.2015, 10.6.2015 and 26.5.2016 passed by the revenue authorities whereby the revenue authorities have accepted the claim of the respondents for settlement of boundaries in accordance with the existing revenue map has been accepted in a case registered under Section 41 of U.P Land Revenue Act, 1901 (hereinafter referred to as Act, 1901).
Through the same orders, the revenue authorities have rejected the plea of the petitioner to stay the settlement of boundaries because a case under Section 28 of the U.P Land Revenue Act, 1901 registered at his instance was still pending. It is apparent from the records that the order under Section 41 of the Act, 1901 has been passed after taking into consideration the fixed points and after considering the different reports submitted by the revenue authorities and the existing survey map. The proceedings under Section 41 of the Act, 1901 cannot be stayed only because proceedings under Section 28 of the Act, 1901 are still pending and the boundaries have to be settled in accordance with the existing survey map.
There is no illegality in the orders passed by the revenue authorities. However, in the interest of justice, the Additional Collector (F&R), Chandauli is directed that Case No.84 of 2012 registered at the instance of the petitioner under Section 28 of the Act, 1901 for correction of map shall be decided within a period of four months from the date a certified copy of this order is produced before him.
With the aforesaid directions, the writ petition is dismissed.
Order Date :- 18.12.2019 IB