RAM BETI Vs. STATE

JUDGEMENT

(1.) THESE are two references dated October 16, 1995 in respect of the revisions No. 84-85/94-95, District Moradabad made by the learned Additional Commissioner, Moradabad Division, Moradabad with his recommen dation that the revision be allow and the order passed by the learned trial Court be set aside. As the facts and the parties of these references are the similar as such these references are being decided by a common judgment and order. Reference No. 27 of 1995-96 shall be a leading case.

(2.) BRIEF and relevant facts of the case are that on 22-12-93 the learned S. D. M. , Chandausi District Moradabad passed an order under Section 154/166/167/168a of UPZA and LR Act, whereby the sale- deed executed in respect of the half share in the land admeasuring 4. 40 hectare in favour of the revisionist Smt. Ram Beti has been held invalid being in contravention of Sec tion 168-A of UPZA and LR Act and the aforesaid half share has been vested in the U. P. State. Later on a restoration applica tion was moved on 27-5-94. The learned trial Court dismissed this application. Ag grieved by the aforesaid orders two revision were preferred against the aforesaid orders dated 22-12-93 and dated 27-5-94. The learned Additional Commis sioner has made these references along with the aforesaid recommendation that the aforesaid orders passed by the learned trial Court be set aside.

(3.) CONSEQUENTLY, this reference is ac cepted, revision is allowed and the aforesaid orders passed by the learned trial Court arc hereby set aside. Let the records be returned to the Court concerned. Stay order, if any, is hereby vacated. This order shall govern reference No. 28 of 1995-96/moradabad also. Revision allowed .