HASEEN ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS revision has been filed by Haseen Ali and Rais Ali against the order dated 25-8-98 passed by learned Additional Commissioner, Chitrakoot Dham, Banda in Revision No. 72 of 1997 arising out of the order dated 15-12-97 passed by Additional Collector, Banda in case Nos. 25, 26 and 23 under Section 198 (4) of the UPZA and LR Act.

(2.) PROCEEDINGS for cancellation of lease granted in favour of the revisionists were initiated. Revisionists contested the notice and filed objection. The learned Additional Collector cancelled the leases and this order was maintained by the learned Additional Commissioner. Hence the present revision.

(3.) IN view of Division Bench decision of the Hon'ble High Court published in 1995 ACJ 1313 the Additional Collector had no jurisdiction to dispose of the proceedings under Section 198 (4) of the UPZA and LR Act. His order is liable to be quashed on this ground alone. This view finds support from 1999 RD page 699. It is thus clear that the order passed by the Additional Collector and the lower Revisional Court are liable to be quashed on this ground alone. On merits too, they have erred in cancelling the lease. From the evidence on record it is obvious that the allotment had been made after complying with the relevant provisions of the rules on the subject. The revisionist are landless agricultural labourers and are eligible persons for the allotment. There existed no justification for cancelling the leases granted in favour of the revisionists.