DEVI DAYAL Vs. NATHOO

JUDGEMENT

(1.) THIS revision has been filed against the judgment and order dated 24-3-99 passed by learned Additional Commissioner, Chitrakoot arising out of a proceeding under Section 198 (4) of the UPZA and LR Act. By the impugned order the learned Additional Commissioner al­lowed the revision, set aside the order dated 6-11-97 passed by trial Court and maintained the allotment made in favour of Nathu.

(2.) BRIEFLY the facts of the case are that land in question was allotted in favour of Nathu. Devi Dayal filed an application under Section 198 (4) of the UPZA and LR Act seeking cancellation of the lease on the ground that the land in question was tank and was a public utility land and that the allotment had been made in con­travention of the provisions of the rules on the subject. The trial Court found that the land in question was land of public utility. It also found that the lease had not been granted after complying the relevant provisions of the rules. It cancelled the lease. Being aggrieved by this order Nathu filed a revision which was allowed. Devi Dayal has now filed the present revision.

(3.) A perusal of the record reveals that in Khasra 1402 Fasli the land in question is recorded as Tank. Devi Dayal stated that the land in question was tank. In Tehsil report as well the land in question was described as tank. In his cross-examination Devi Dayal also admitted that the land in question was tank. The learned trial Court after consider­ing the material on record found that the land in question was land of public utility and lease granted in respect of such type of land could not be held to be a valid lease. The learned Additional Commissioner has not considered the material on record properly and has committed an illegality in reversing the order of the trial Court. His order cannot be sustained in law.