/é£ HIGH COURT OF CHHATTISGARH AT BILASPUR S.B. HON’BLE SHRI DHIRENDRA MISHRA J Writ Petition No. 180 of 2002 ORAL ORDER (2“ Decernber, 2009) Dhirendra Mishra, J Sh'ri‘Ashish Shrivastava, counsel for the petitioner. Shri Shashank Thakur, Panel Lawyer for the State. Shri SD. Singh, counsel for the respondent No.4. Heard. The short question involved in this petition isregarding correction of the map by the Tehsildar, at the instance of respondent No.4, made on the basis of demarcation on the spot in the absence of the petitioner. I Grievance of the petitioner is that the petitioner was allotted a piece of land bearing Khasra No.174/1 ,area 0.41 acre as per ailotment order dated 26.9.1985 passed by the Sub Divisional Officer. Another piece of land of 0.06 acre was allotted on the same date in favour of respondent No.4 vide order dated 26.9.1985. However, the map was subsequently corrected at the instance of respondent No.4 by the Tehsildar vide order dated 10 7 1992 Petitioners 1. Smt. Durga Devi Jaiswal, Aged about 60 years, W/o Late Shivnath Jaiswal. 2. Ashok Kumar JaiswaL Aged about 40 years, S/o Late Shivnath Jalswai, 3. Ani: Kumar JaiswaL Aged about 38 years, Slo Late Shivnath Jaiswal, 4: Ajay Kumar Jaiswal, Aged about 32 years, Slo Late Shivnath Jaiswal, All R/o PO Bageecha, Tahsil Bageecha, District Jashpur Nagar (CG) Through their Power of Attomey Holder, Ashok Jaiswal, Aged about 40 years, Slo Late Shivnath Jaiswal, Resident of Post Bageecha, Tah. Bageecha, District Jashpur (CG) Vs Respondents 1. Commissioner, Revenue Bilaspur Division, Bilaspur (Chhattisgarh) 2. Collector, Revenue, Jashpur (Chhattisgarh) 3. Tehsildar, Bagicha, District Jashpur (CG) 4. Motilal, S/o Ramashankar Jaiswal, aged about 55 years, R/o Peg Bageecha, Tahsil Tahsil Bageecha, District Jashpur (CG) The petitioner moved an application before the Collector against the order dated 10.7.1992. and the same was rejected summarily vide order dated 12.3.1997. The revision preferred by the petitioner was again rejected by the Additional Commissioner vide order dated 27.10.2001 . Shri Shrivastava. Iearned counsel for the petitioner. submits that the petitioner is in possession of the property allotted to him. However, on the basis of correction in the map carried out behind the back of the petitioner. respondent No.4 may disturb his possession. Learned counsel for respondent No.4 submits that he has no objection to fresh demarcation of the land allotted to the petitioner as well as to respondent No.4 jointly in their presence by the concerned revenue authorities. In view of above submissions of learned counsel for the parties, the instant petition is disposed of with a direction to the petitioner as well as respondent No.4 to apply for demarcation of their respective lands. On such application being made. the concerned Tehsildar shall carry out demarcation of the lands allotted to them jointly in their presence and also in the presence of independent witnesses. ‘ DERENDRA WSW Judge Sd/— i