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2015 Supreme(All) 2463
ALLAHABAD HIGH COURT
Ram Surat Ram (Maurya), J.
Kapil and Ors. - Appellant
Versus
State of U.P. and Ors. - Respondent
Writ-B No. 65734 of 2014
Decided On : 13-01-2015
For the Appellant : Rajesh Gupta
For the Respondents: C.S.C., Mahesh Narain Singh and Satyendra Kumar Singh
Section 42-A of the U.P. Consolidation of Holdings Act, 1953 has an overriding effect and allows for the correction of mistakes at any time.
Headnote:
Consolidation of Holdings Act - Correction of Numbers - Section 42-A
Fact of the Case:
The case involved a dispute over the correction of numbers of chak road and chak nali in the final consolidation map and record under section 42-A of the U.P. Consolidation of Holdings Act, 1953.
Finding of the Court:
The court found that there was an error in the allotment of new numbers in the map and record of the previous consolidation. It held that the correction application was maintainable and could not be rejected on the ground of delay.
Issues: The issues revolved around the maintainability of the correction application and the existence of an error in the previous consolidation operation.
Ratio Decidendi: The court's decision was based on the interpretation of section 42-A of the Act, which was held to have an overriding effect and allowed for the correction of mistakes at any time.
Final Decision: The writ petition was dismissed, affirming the orders of the Consolidation Officer and Deputy Director of Consolidation.
Ram Surat Ram (Maurya), J.
1. Supplementary affidavit, filed by the petitioners is taken on record. Heard Sri Rajesh Gupta, for the petitioners and Sri Satyendra Kumar Singh, for the contesting respondents. This writ petition has been filed against the orders of Consolidation Officer, dated 18.11.2013 and Deputy Director of Consolidation dated 10.11.2014, passed in proceeding under section 42-A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
2. Nepal Singh and others (respondents-3 to 6) (hereinafter referred to as the respondents) filed an application (registered as Case No. 8 of 2013) under section42-A of the Act, for correcting the number of chak road from "1041 and 1088" to "1089" and chak nali from "1089" to "1041 and 1088" in final consolidation map and record. It has been stated that in previous consolidation operation in the village, chak road was carved out from old plots 988, 991, 993, 1005, 1017, 1019, 1020, 1021, 1022, 1127, 1128, 1129 and 1131 of which new number was allotted 465 (area 2-0-15 bigha) and chak nali was carved out from old plots No. 987, 988, 991, 993, 1005, 1017, 1019, 1020, 1021, 1022, 1128, 1129, 1131 and 1132 of which new number was allotted 464 (area 1-3-0 bigha). Chak road is in the northern side of chak nali on the spot and number of chak road ought to allotted "464" and chak nali ought to be allotted "465". In present consolidation operation, previous chak road and chak nali were not disturbed and remained at its existing place. New number "1089" was allotted from old number "464" and new numbers "1041 and 1088" were allotted from old number "465". This was an inadvertent mistake and was liable to be corrected. The case was contested by the petitioners, who filed their objection in the aforesaid application. They admitted that in previous consolidation operation, held in the year 1960-1961 in the village, chak road was carved out from old plots 988, 991, 993, 1005, 1017, 1019, 1020, 1021, 1022, 1127, 1128, 1129 and 1131 of which new number was allotted 465 (area 2-0-15 bigha) and chak nali was carved out from old plots 987, 988, 991, 993, 1005, 1017, 1019, 1020, 1021, 1022, 1128, 1129, 1131 and 1132 of which new number was allotted 464 (area 1-3-0 bigha) and in present consolidation operation previous chak road and chak nali were not disturbed and remained at its existing place and its new number "1089" was allotted from old number "464" and new number "1041 and 1088" were allotted from old number "465" but denied that there was any mistake in it.
3. The Consolidation Officer called for a report from Consolidated, who after examining old and new records and spot inspection submitted his report dated 6.3.2013. In his report he has mentioned that in previous consolidation operation, held in the year 1960-1961 in the village, chak road was carved out from old plots 988, 991, 993, 1005, 1017, 1019, 1020, 1021, 1022, 1127, 1128, 1129 and 1131 of which new number was allotted 465 (area 2-0-15 bigha) and chak nali was carved out from old plots 987, 988, 991, 993, 1005, 1017, 1019, 1020, 1021, 1022, 1128, 1129, 1131 and 1132 of which new number was allotted 464 (area 1-3-0 bigha). On the spot, chak road is in northern side of chak nali but due to inadvertent mistake its new number was allotted as "465" and new number of chak nali was allotted as "464" and it was liable to be corrected. According to the area of chak road as (2-0-15 bigha), its existence in northern side and chak nali as (1-3-0 bigha) its existence in southern side was correct. In present consolidation operation previous chak road and chak nali were not disturbed and remained at its existing place and new number "1089" was allotted from old number "464" and new number "1041 and 1088" were allotted from old number "465". Thereafter the matter was heard by Consolidation Officer, who after hearing the parties by order dated 18.11.2013 found the report of Consolidator as correct. He found that old plo
