CHINNI Vs. AYODHYA

JUDGEMENT

(1.) THIS reference has been made by the learned Addl. Commissioner, Allahabad Division, Allahabad by his order dated 4-4-96 passed in revision No. 32 of 1994, arising out of proceedings under Section 198 (4) of the UPZAandLRAct.

(2.) IT appears that the learned Addl. Col­lector passed order dated March 2, 1994 in case No. 152/237of 1993/94underSection 198 (4) of the UPZAand LR Act. Revision No. 32 of 1994 was filed before the learned Addl. Commissioner. The learned Addl. Commis­sioner relied upon the pronouncement of the Hon'ble High Court, as published in 1995 ACJ page 1313 and held that the learned ADM had no jurisdiction to proceed in the matter. Apart from this, the land in question was recorded as Tklab and the question for determination was whether such land can be given in allotment or such allotment would be in contravention of the provisions of Section 132 of UPZAand LR Act. The learned Addl. Commissioner has recommended that the case be remanded to the trial Court.

(3.) IN view of the above, agreeing with the recommendation of the learned Addl.Commissioner, I allow the revision, set aside the order of the learned ADM and remand the case to the Collector, Al­lahabad, for fresh disposal in the light of the observations made in the order of ref­erence. Revision allowed.