RAM CHANDRA Vs. MUKESH CHANDRA

JUDGEMENT

(1.) THIS is a ref­erence dated 24-10-1989 made by the learned Additional Commissioner, Moradabad Division, Moradabad with his recommendation that the order dated 13-2-89 passed by the learned trial Court be set aside and the matter be remanded to the learned trial Court with the direction to decide 'he case afresh in accordance with law after issuing a proper and legal show-cause notice to the allottees con­cerned.

(2.) BRIEFLY stated the facts of the case are that one Mukesh Chand moved an application with the prayer toe cancel the allotment made in favour of the allottees concerned. The learned trial Court after completing the requisite formalities can­celled the aforesaid allotments by means of its order dated 13-2-1989. Aggrieved by this order a revision petition was preferred. The learned lower revisional Court by means of its order dated 24-10-1989 has made this reference with his aforesaid recommendation.

(3.) I have carefully and closely ex­amined the contentions raised by the learned Counsel for the revisionist and the relevant records on file. On a close ex­amination of the relevant records it is manifestly clear that the learned Addition­al Collector, Sambhal, Moradabad has or­dered the case to be registered and notice to be issued vide his order dated 31-12-1986. Notice to the parties concerned have also been issued under his signature. Moreover by means of his order dated 13-2-1989, the learned Additional Collec­tor, Sambhal Moradabad has cancelled the aforesaid |leases granted in favour of the allottees.ciated by reported As per the dictum of law enun-the Hoirble High Court (DB) n/1996 RD 190, the proceedings in the injsiant case have been rendered vitiated (If) iniiio and the aforementioned order dsjted 13-2-1989 passed by the learned Additional Collector Sambhal, Moradabad is totally void and with out ATturisdictii'p as the Additional Collector has no authority in law to enquire into and to adjudicate upon the matter in question and as such the aforesaid order dated 13-2-1989 passed by the.learned Additional Collector, Sambhal, Moradabad is not sus­tainable in law.