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Allahabad High Court · body

1991 DIGILAW 852 (ALL)

Ramnath Singh v. Shivamangal Singh

1991-07-01

A.N.SEGAL

body1991
ORDER A.N. Segal, Chairman. - Sri R.R. Srivastava, learned Additional Commissioner, Allahabad Division, by his order dated 22.5.1979 has made a reference, recommending that the order dated 10.7.1978 passed by the learned Additional Collector be set aside. 2. The revisionist had moved a revision petition against the order of the learned Additional Collector, Etawah, wherein correction of Map was refused on the ground that consolidation operation had already taken place and the correction of the Map may be sought there., The Collector has power to correct settlement Map. The principle underlying the subject should be that when the Collector has power to correct a settlement map, if there is a map prepared after consolidation operations which is also a settlement, the powers would be the same. Accordingly the Board has rules in Suraj Narain and others v. Bhagwati Prasad and others, 1977 R.D. page 234 that the Collector has this power. In view of the clear law on the subject I have no option but to accept the recommendation dated 22.5.1979 and quash the order of the Additional Collector dated 10.7.1978 and direct that the map may be corrected on the basis of the report of the Naib Tehsildar dated 18.4.1977 which is on the file. Since correction was refused only on the technical ground that this being a map; prepared after consolidation of holdings operations could not be corrected, I direct that the map be corrected in the light of the report submitted by the Naib Tehsildar. 3. Experience in the field shows that there are often mistakes in the maps prepared after consolidation operations because the staff that looks after the work of correction and the staff that looks after the preparation of maps are different and hence they do not consider themselves accountable for the mistake. This leads to errors in the maps. I would like to observe that if Collector fails to exercise his power it would result in errors in the revenue records and map. The view expressed by the Full Bench of the Board, expressed in 1977 R. D. 234, must be followed.