MALKHAN Vs. KAILASH BABOO

JUDGEMENT

(1.) THIS is a ref­erence dated 24-6-92 made by the learned Addl. Commissioner, Moradabad Division, Moradabad in respect of the revision No. 16/90-91 District Moradabad with his recommendation that the revision be allowed and the order dated 29-1 1-90 passed by the learned trial Court be set aside.

(2.) BRIEF and relevant facts of the case are that the proceedings under Rule 115F of UPZA and LR Rules were initiated upon a complaint dated 30-3-90 of Kailash Baboo and others in respect of the allot­ment to OPs Radheyshyam and others (71 persons) for housing sites. The learned trial Court after completing the requisite trial has cancelled the aforesaid allotment made in favour of the 5 persons Radheshyam and others. Aggrieved by this order a revision was preferred. The learned Additional Commissioner has sent this reference with his aforesaid recommendation.

(3.) I have closely and carefully con­sidered the submissions made by the learned Counsel for the parties and have also gone through the relevant records on tile. A bare perusal of the records clearly reveals that the learned lower revisional Court has properly examined the points at issue and has rightly recommended for setting aside the aforesaid order dated 29-11-90 passed by the learned trial Court. The order dated 29-11-1990 passed by the learned trial Court is not sustainable in law as such it must be set aside.