1971 Supreme(All) 93
B.N.LOKUR
Ganga Glass Works (Private) Ltd. , Balwali – Appellant
Versus
The State of U. P. – Respondent
Advocates:
Mangi Lal Agarwal, for Petitioner; Umesh Chandra Srivastava, for Opposite Party No.3.
ORDER :- The petitioner approached the Additional Collector, purportedly under Section 28 of the Land Revenue Act, 1901, for rectification of a map prepared under Section 27(1) of the U.P. Consolidation of Holdings Act. The Additional Collector declined to interfere on the ground that Section 49 of the Consolidation of Holdings Act barred a revenue court, inter alia, from entering upon the correctness or otherwise of a map prepared by the consolidation authorities. He also pointed out that the petitioner ought to have approached the consolidation authorities to correct the map under Section 42-A of the Consolidation of Holdings Act. In an appeal preferred by the petitioner, the Additional Commissioner took a different view and recommended to the Board of Revenue that the order of the Additional Collector be set aside and the case be remanded with a direction that the application be decided on merits. The Board of Revenue, however, was inclined to agree with the Additional Collector and hence rejected the reference. The petitioner has come up to this Court under Article 226 of the Constitution challenging the legality and validity of the order of the Board of Revenue.
2. It was urged
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