Back
2015 Supreme(All) 3540
ALLAHABAD HIGH COURT
Ram Surat Ram (Maurya), J.
Subhash Dubey - Appellant
Versus
A.D.M. (F and R) and Ors. - Respondent
Writ B No. 15038 of 2014
Decided On : 08-05-2015
For the Appellant : Triveni Shankar and Ajay Shankar
For the Respondents: C.S.C., R.C. Singh and S.K. Jaiswal
The main legal point established in the judgment is that the authorities have the power and obligation to correct mistakes in settlement records, and incorrect records prepared during consolidation cannot be maintained indefinitely.
Headnote:
Correction of Final Consolidation Map - U.P. Consolidation of Holdings Act, 1953 - Section 42-A
Fact of the Case:
The case involved a dispute over the correction of the final consolidation map under section 42-A of the U.P. Consolidation of Holdings Act, 1953. The dispute arose from the allocation and demarcation of chaks and abadi plots in a village during the consolidation process.
Finding of the Court:
The court found that the final consolidation map was not prepared correctly and that the correction made by the authorities was justified. The court also dismissed the argument that the correction would affect the allocation of houses in the abadi plots, stating that it was merely a paper transaction.
Issues: The main issues revolved around the correctness of the final consolidation map, the locus standi of the applicant for correction, and the legality of the correction made by the authorities.
Ratio Decidendi: The court held that if there is a mistake in settlement records, the authorities are not only competent but also under a statutory obligation to correct it. The court also emphasized that incorrect records prepared during consolidation cannot be maintained indefinitely.
Final Decision: The court dismissed the writ petition, finding no merit in the arguments presented and upholding the correction made to the final consolidation map.
Ram Surat Ram (Maurya), J.
1. Heard Sri Triveni Shankar, for the petitioner and Sri R.C. Singh, for the contesting respondents. The writ petition has been filed against the orders of Settlement Officer Consolidation dated 23.4.2012 and Deputy Director of Consolidation dated 30.1.2014 passed in proceeding under section 42-A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
2. Plot 28 (area 8-17-1 Bigha) of village Mathrafipur alias Shivdaspur, pargana Saidpur, district Ghazipur was original holdings of Kripa Shankar (now represented by respondents-3 to 5), Ram Subhag, Jagdish, Subhash (the petitioner) sons of Har Govind and Smt. Vidya Devi widow of Kailash, in which they had equal 1/5th share each. During partal in consolidation, an area of 0-2-10 bigha of plot 28/1 was found as abadi and remaining area of 8-14-11 bigha of plot 28/2 was agricultural land.
3. In consolidation, Kripa Shankar (chak-11) was allotted chak on plots 24 (area 0-4-0 bigha), 25 (area 0-3-10 bigha) and 28/2 (area 1-13-3 bigha) (total area 2-0-13 bigha), which was numbered as new plot 104. New abadi plot 105 was left on plot 24 (area 0-1-17). Nali, new plot 106 was carved out on plot 28/2 (area 0-1-10 bigha), The petitioner (chak-241) was allotted his second chak on plot 28/2 (area 1-9-13 bigha), which was numbered as new plot 107. Old abadi of the petitioner and his co-sharers, which were on plot 26/2 (area 0-4-0 bigha) and 28/1 (area 0-2-10 bigha) (total 0-6-0 bigha) was numbered as new plot 108. Old plot 26/1 (area 0-6-0 bigha) was numbered as new plot 109, is banjar land. Ram Subhag (chak-174) was allotted his second chak on plot 28/2 (area 1-9-5 bigha), which was numbered as new plot 110. Ram Subhag executed a sale-deed dated 27.1.1987, of his second chak on plot 28/2 (area 1-9-5 bigha) to Biraju (respondent-7) and Ghurbhari (now represented by respondent-6), and their names were recorded over it.
4. There was no dispute relating to allotment of chaks between the parties at this place. Chaks of the village were confirmed on 30.1.1988. Thereafter possession over confirmed chaks were delivered to the chak holders. Notification under section 52 of the Act was issued on 23.11.2002. Ghurbhari (wrongly written as Sukhari) son of Jiut filed an application dated 7.1.1997 before Settlement Officer Consolidation for correction of final consolidation map of new plots-107, 108 and 110. It has been stated in the application that chak-174 was carved out of old plot 28/2 up to the road in its eastern side. In final consolidation map old abadi (new plot 108) has been wrongly shown in southern side of old plot 26 and in eastern side of chak 174, due to which, in between chak 174 and road in its eastern side, plot 108 has been shown. Thus final consolidation map was not correctly prepared and liable to be corrected.
5. Settlement Officer Consolidation registered the case under section 42-A of the Act, for correction of map and called for a report. Assistant Consolidation Officer after spot inspection submitted his report dated 29.3.1997, recommending for correction of map, which was approved by Settlement Officer Consolidation on 15.4.1997. The petitioner filed an application dated 24.9.1997 for recall of the order dated 15.4.1997, which was allowed on 23.1.2007. Thereafter, Settlement Officer Consolidation, by order dated 11.4.2012 called for a fresh report from Tracer, who after examining CH Form-2-A of old plots 24, 25, 26, 27 and 28, CH Forms-23, 41 and 45 of the affected persons, submitted his report dated 18.4.2012. In his report, he found that new plots 104 and 105 are rightly located in final consolidation map. New plot 106 (nali), which was carved out on plot 28/2 (area 0-1-10 bigha) has been wrongly shown in final consolidation map in old abadi plot 28/1 (new plot 108). The consolidation authorities have no jurisdiction to allot nali over old abadi land as such map of plot 106 was liable to corrected, deleting its eastern po
