PADAM SINGH Vs. HARIA

JUDGEMENT

(1.) THIS is a ref­erence in respect of revision petition No. 30 of 1986-87/Bijnor made by the learned Additional Commissioner, Moradabad Division, Moradabad with this recommen­dation that the order dated 27-1-1987 passed by the learned Additional Collec­tor, Bijnor should be set aside and the matter be remanded to the Collector, Bij­nor for disposal in accordance with law.

(2.) BRIEFLY stated the facts of the case are that one Haria opposite party moved an application to the effect that the allot­ment has been made to the opposite par­ties who were not eligible persons for the leased land that the opposite parliees, Surendra and others filed their written ob­jections to the effect that the allottes con­cerned were landless agricultural labourers and the leases have been executed in favour of them as per the procedure prescribed by law. The learned trial Court after complet­ing the requisite formalities cancelled the leases executed in favour of 18 lessees. Aggrieved by this order, a revision petition was preferred. The learned Additional Commissioner has sent this reference with the aforesaid recommendation to set aside the order dated 27-1-1987 passed by the learned trial Court.

(3.) I have closely and carefully ex­amined the submissions made by the learned Counsel for the revisionist and also gone through the relevant records on file. From a bare perusal of the records, it is manifestly clear that the learned Addition­al Commissioner has properly examined the points at issue and has drawn a con­clusion to the effect that the aforesaid order passed by the learned trial Court is erroneous and perverse which must be quashed. I entirely agree with the same. No error of law, fact or jurisdiction has been committed by the learned lower revisional Court warranting any interference in this reference by this Court.