ASHA RAM Vs. BARKAU

JUDGEMENT

(1.) THIS revision has been preferred by Asha Ram against the order passed by learned Addi­tional Commissioner dated 21-11-1984 and order passed by learned Additional Collcctordated 8-4-1982.

(2.) BRIEF facts of the case are that in this case, a compliant was filed by Barkau regarding cancellation of plot No. 411 on the ground the that disputed land which has been allotted to Asha Ram is a public utility land and secondly on the ground that Asha Ram is a Member of Gaon Sabha and he has no mandatory permis­sion of the competent authority. Learned Additional Collector and learned Addi­tional Commissioner both have cancelled the leases on the assumption that Asha Ram is a Member of Gaon Sabha and he has not obtained the requisite permission of the competent authority.

(3.) AFTER perusal of the file of the learned Additional Commissioner, it is clear that only on the assumption that Asha Ram is a Member of Gaon Sabha lease was cancelled. Whether Asha Ram is a Member of Gaon Sabha it was the duty of the complainant to prove this fact but no specific evidence was filed by the complainant but only on the assumption the lease as cancelled which is against the law. In this case it is material that whether Asha Ram was a Member of the Gaon Sabha or not at the time of the execution of lease.