RATAN Vs. GAON SABHA

JUDGEMENT

(1.) THIS is a reference dated 29-2-1996 made by the learned Additional Commissioner, Jhansi Division, Jhansi in respect of revision petition No. 105/145 of 1990-91/Lalitpur with his recommendation that the order dated 20-3-1991 passed by the learned trial Court be set aside and the lease granted in favour of the revisionist be maintained as before.

(2.) BRIEF and relevant facts of the case are that these proceedings for cancellation of the lease granted in favour of the revisionist were initiated on Tehsil report under Section 198 (4) of the UPZA and LR Act. The learned trial Court after completing the requisite trial has cancelled the aforesaid lease. Aggrieved by this order a revision petition was preferred. The learned Additional Commissioner has made this reference with his aforesaid recommendation to set aside the order dated 20-3-1991 passed by the learned trial Court. No written objection has been filed on behalf of the opposite party, the Gaon Sabha concerned.

(3.) I have closely and carefully examined the contentions raised by the learned Counsel for the revisionist as well as the learned DGC (R) and the relevant records on file. On a close examination of the records, it is manifestly clear that the learned Additional Collector, Lalitpur has ordered the case to be registered and notice to be issued to the opposite party on 9-11- 1987 and has cancelled the aforesaid lease granted in favour of the revisionist on 20-3-1991 while only the Collector has power to enquire into and to adjudicate upon the matter in question and the Additional Collector has no authority in law either to enquire into or to adjudicate upon the matter in question. As per the dictum of law enunciated by the Hon'ble High Court of Allahabad in a decision reported in 1996 RD 190 the instant proceedings for cancellation of the lease granted in favour of the revisionist are void ab initio and the aforesaid order dated 20-3-1991 passed by the learned trial Court is totally void and without jurisdiction and as such this order dated 20-3-1991 passed by the learned trial Court is liable to be set aside.