(1) The Sub-Divisional Officer may, on his own motion or on an application made in this behalf by a person interested decide, by summary inquiry, any dispute regarding boundaries on the basis of existing survey map or, where they have been revised to accordance with the provisions of the Uttar Pradesh Consolidation of Holidays Act, 1953, on the basis of such maps, but if this is not possible, the boundaries shall be fixed on the basis of actual possession.
(2) If in the course of an inquiry into a dispute under sub-section (1), the Sub-Divisional Officer is unable to satisfy himself as to which party is in possession or if it is shown that possession shall been obtained by wrongful dispossession of the lawful occupant, the Sub-Divisional Officer shall—
(a) in the first case, ascertain by summary inquiry who is the person best entitled to the property, and shall put such person in possession ;
(b) in the second case, put the person so dispossessed in possession and for that purpose use or cause to be used such force as may be necessary and shall then fix the boundary accordingly.
(3) Every proceeding under this section shall, as far as possible, be concluded by the Sub-Divisional Officer within 1[three months] from the date of the application.
(4) Any person aggrieved by the order of the Sub-Divisional Officer may prefer an appeal before the Commissioner within 30 days of the date of such order. 2[The order of the Commissioner shall, subject to the provisions of section 210, be final.]
Footnotes in the official text
- 1.Subs. by sec. 18(b) of U. P. Act no. 04 of 2016.
- 2.Subs. by sec. 2 of U. P. Act no. 07 of 2019.