GAON SABHA Vs. VIJAI BAHADUR

JUDGEMENT

(1.) THIS refer­ence has been made by the learned Com­missioner, Azamgarh Division, Azamgarh by his order dated 13.2.98 passed on a recall application No. 6/A of 97 moved in revision No. 56-A of 96 recommending that the orders of the trial Court as well as the order dated 11.11.97 passed by the learned Additional Commissioner be set aside and the proceedings for declaring the plots in question as Abadi plots under Section 123(1) of the U.P.Z.A. and L.R. Act be quashed.

(2.) BRIEFLY , the facts of the case are that on the report of Supervisor Kanoongo proceedings were started to declare the plots in question as Abadi plots under Section 123(1) of the U.P.Z.A. and L.R. Act. The S.D.O. by his order dated 20-10-93 approved the report and there by held that the land in question was abadi of present opposite-parties. A restoration application was moved on behalf of Gaon Sabha which was rejected on 19.12.96. Against this order revision No. 56-A of 96 was filed on behalf of Gaon Sabha which was also rejected on 11.11.97. Feeling ag­grieved by this order a recall application was moved on behalf of the Gaon Sabha on 12.11.97. This was placed before the learned Commissioner for disposal who after going through the matter in detail recommended that the revision be allowed and all the orders passed by the learned Additional Commissioner as well as the trial Court be quashed.

(3.) THE learned D.G.C (Revenue) has supported the reference made by learned Commissioner. He has submitted that the land in question was Pakhari and Bhita and a public utility land and could not be declared to be Abadi under section 123 of the U.P.Z.A. and L.R. Act.