ORDER

13.07.2023 Heard

1. By way of this petition, the petitioner has challenged the order passed by the Board of Revenue in Case No.R.N./26/R/A-6/224/2013 dated 19.06.2015, whereby, the revision preferred by the petitioner was dismissed and the order passed by the Additional Commissioner, Surguja dated 04.03.2013 was set aside.

2. The facts of the present case are that the respondent moved an application for correction of map before the Tahsildar pertaining to Survey No.295/2, area 0.08 hectare situated at Village-Amandon, Tahsil- Pratappur, District-Surajpur (CG) and thereafter, order dated 05.10.2010 was passed for correction of the map. The petitioner challenged the order passed by the Tahsildar before the Sub-Divisional Officer(R) and the same was dismissed on 30.08.2011. The petitioner preferred a Second Appeal before the Commissioner and the Commissioner vide order dated 04.03.2013 allowed the appeal preferred by the petitioner and orders passed by the Tahsildar and the Sub-Divisional Officer (Revenue) were set aside. The respondent preferred a revision before the Board of Revenue and vide order dated 19.06.2015, the Board of Revenue allowed the revision and set aside the order passed by the Commissioner and restored the order passed by the Tahsildar.

3. Learned counsel for the petitioner would submit that under Section 107 of the Land Revenue Code, power of correction in the map has been conferred on the Collector only, whereas, the application was moved by the respondent before the Tahsildar, therefore, the order passed by the Tahsildar was without jurisdiction and this legal issue has not been considered by the Board of Revenue. Therefore, the orders passed by the Tahsildar, Sub-Divisional Officer (Revenue) and the Board of Revenue are liable to be set aside.

4. On the other hand, learned counsel for the respondent would submit that an application was moved for correction of map according to provisions of Sections 114 and 115 of the Land Revenue Code and that was allowed by the Tahsildar and later on, same was affirmed by the Collector. He would further submit that the contention of the learned counsel for the petitioner is not acceptable as under Section 107 of the Land Revenue Code, no application can be moved before the Collector for correction of map rather it deals with field map and as per provisions of Section 107(5) of the Land Revenue Code, map shall be prepared or revised by the Settlement Officer or by the Collector. Thus, the present petition deserves to be dismissed.

5. I have heard learned counsel for the parties and perused the documents.

6. Section 107 of the Land Revenue Code says that :

“Field map.—(l) There shall be prepared a map showing the boundaries of survey numbers or plot numbers and waste lands called the field map for every village except when otherwise directed by the State Government.

(2) There may be prepared for the abadi of each village a map showing the area occupied by private holders and the area not so occupied and such other particulars as may be prescribed.

(3) If the State Government considers that in the case of any village it is necessary to show separately in the map prepared under sub-section (2) the plots occupied by private holders, it may direct the Collector to get the map so prepared or revised.

(4) If any Gram Panchayat passes a resolution that a map of the village abadi should be prepared showing separately the plots occupied by private holders and is willing to contribute to the cost of survey operations in such proportion as may be prescribed, the State Government may undertake the preparation of such map.

[(5) Such map shall be prepared or revised, as the case may be, by the Settlement Officer at [revenue survey] and by the Collector at all other times and in all other circumstances.]”

7. From bare reading of Section 107 of the Land Revenue Code, it is crystal clear that the map shall be prepared showing the boundaries of survey numbers or plot numbers and waste lands and i