Revenue Authorities must conduct an independent inquiry into the nature of the plot and its ownership before ordering corrections to the map.

Sunita Agarwal, J.

By means of the present writ petition, the orders passed by the Revenue Authorities in proceedings under Section 28 of the Land Revenue Act are under challenge. It appears that an application under Section 28 of the Land Revenue Act for correction of map of plot No.626 area 0.1140 hectares situated at village- Belaun, Pargana and Tehsil Dibaie, District Bulandshahar was filed on the ground that applicants and his co-sharers are owner in possession of the land in question and their names have been duly recorded in the revenue records. The applicant is respondent no.5 before this Court. It is contended by the respondent no.5 in the aforesaid application that the consolidation operations were held in village in the year 1965-66. At the time of preparation of final consolidation map, the shape of plot no.625 has wrongly been shown, as a result of which, the shape of plot no.626 owned by the respondent no.5 had been changed. The contention was that the correction in the shape of plot no.626 as shown in the final consolidation map is required as it is not in conformity with Pustikrit Naksha (provisional consolidation map). It was further stated that plot no.626 and 625 have been kept out of the consolidation and, therefore, their position in the map should be as per the previous map. No change could have been done during the course of consolidation.

2. On the said application, objections was filed by the petitioner on 16.10.2014, it was stated therein that plot no.626 old number of which is 569 area 0.1140 hectares is land of Kabristan. The name of the respondent no.5/applicant has wrongly been recorded in the revenue records. They are not the owner in possession thereof. The petitioners/objector is owner of plot no.625 which is adjacent to plot no.626 and by making correction, as suggested by the respondent no.5, the shape of plot no.625 would vary.

3. It appears that a report dated 21.01.2015 was submitted by the Chief Draftsmen, Consolidation suggesting correction in the area of plot no.626 and 625 in the final consolidation map. It was stated in the said report that plot no.625 has been made from old plots no.557 and 568 whereas plot no.626 has been made from old plot no.569. It is also stated therein that the consolidation proceedings have been held in the village for the first time in the year 1965-66. The base map of the consolidation was map known as "Philips Saheb". The changes suggested in the report according to the Chief Draftsmen, Consolidation would make the shape of the plot no.626 in conformity with the old map "Philips Saheb".

4. The petitioner filed objection to the said report on the ground that in case, of any correction made by the Additional Collector, as suggested by the Chief Draftsmen, Consolidation, the petitioner's way to plot no.625 in plot no.628 would be blocked.

5. The Additional Collector (Finance and Revenue) vide order dated 25.05.20156 has admitted the report submitted by the Chief Draftsmen, Consolidation, and the objection taken by the petitioner has been rejected on the ground that plot no.626 (old no.569) has been kept out of consolidation. The shape of old plot no.569 should be in conformity with the base map and no changes could have been done during the course of consolidation in the final consolidation map. So far as the claim made by the petitioner with regard to obstructions to his plot no.625, it was held that the proceedings for correction of map are summary proceedings and would not come in the way of the parties in the pending suit, if any. Confirming the report of Chief Draftsmen, Consolidation, a direction was given to make correction in the map. The Revisional court also dismissed the revision on the same ground.

6. Challenging the orders impugned, learned counsel for the petitioner submits that the claim of the respondent no.5 regarding ownership of plot no.626 area 0.1140 hectares on the ground that he was owner in possession of the said plot alongwith