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2025 DAILYLAW 46498 (ALL)

LOTAN SINGH AND ANOTHER v. SRI PRATAP SIGNH

A227/4844/2016 · 2025-03-03

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30750 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4844 of 2016 Petitioner :- Lotan Singh And Another Respondent :- Sri Pratap Signh Counsel for Petitioner :- Archana Singh Counsel for Respondent :- ,Asim Kumar Singh Hon'ble Rohit Ranjan Agarwal,J. 1. List has been revised. Counsel for the petitioner is present. No one is present on behalf of the respondent. 2. Through this writ petition, revisional order dated 24.5.2016 passed by Additional District Judge, Court No.17, Agra and the order dated 25.05.2012 passed by Additional Judge Small Causes Court are under challenge. 3. In a suit instituted by plaintiff-respondent, an application for appointment of survey commission was moved which was allowed by the trial Court. A survey report was submitted on 17.01.2011 against which objections were filed by defendant-petitioners. The said objections were considered by the trial Court which were dismissed on 25.5.2012 on the ground that the defendants were present at the time when the Amin Commission had visited the spot and fixed points were made by him and the survey report clearly reflects the same. Further the report does not provide that the defendants were not present when the survey was done. Moreover, the trial Court had held that if the defendantd have any objection and has some evidence, that can be placed at the time of hearing of the matter. Aggrieved by the order of the trial Court, confirming survey report, revision was preferred which has been rejected by the order impugned dated 24.5.2016. Hence the present writ petition. 4. Learned counsel for the petitioners submits that the survey commission has not taken into consideration the three fixed points which were mandatory to locate the property in dispute. The survey should again be conducted and the report dated 17.01.2011 should not be accepted. 5. I have heard the counsel for the petitioner and perused the material on record. 6. From perusal of the survey report, it is clear that the Amin had marked four fixed points and on the basis of the four fixed points, he had surveyed the land in question and had submitted his report. The trial Court while rejecting the objections had taken care of the fact that in case the petitioners had any evidence against survey report, the same shall be considered at the time of hearing of the matter. No interference is required in the orders passed by trial Court as well as Revisional Court. 7. Writ petition fails and is hereby dismissed. Order Date :- 4.3.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad