RATAN LAL BALI Vs. MAHESH CHANDRA

JUDGEMENT

(1.) This revision is directed against the Judgement and order dated 6-5-85 passed by the Commissioner, Kumaun Division, Nainital in Appeal No. 218 of 1982-83 Ratan Lal Bali Vs. Mahesh Chandra and others, preferred against the Judgement and order dated 23-6-83 passed by the Additional Collector (Finance and Revenue) district Nainital in case no. 51/4 of 82-83 Ratan Lal Bali Vs. Mahesh Chandra and others for the cancellation of allotment made in favour of opposite parties Mahesh Chandra and Suresh Chandra in respect of plot no. 168 (62 decimals) situated in village Phasiapura Tahsil Kashipur district Nainital.

(2.) The brief facts of the case are that on the application of the revisionist Ratan Lal Bali proceedings, for the cancellation of allotment allegedly made on 17.6.53 in favour of the opposite-parties no. 1 and 2 by the Land Management Committee were initiated in the Court of the Collector and although the complaint has apparently been made under Sec. 198 (4) of the U.P. Zamindari Abolition and Land Reforms Act, to be called the "Act" hereinafter as shown in the application but the contents of the complaint and further proceedings taken up are definitely with regard to the allotment of the land in respect of abadi site which is to be dealt with under rule 115-P of the Rules made under the Act. The allegations have been that plot no. 168 (area 1.03 acres) had its corresponding number prior to consolidation as 41A and 42 and after record operations in the village in 1363 Fasli plot no. 41A corresponded to old plot no. 14/2 and plot no. 42 corresponded to old plot no 14/2 Meanwhile consolidation took place in 1374 Fasli. The contentions of the complainant are that towards east of the area of this plot a Saw Mill and Floor Mill etc have been in existence since long belonging to the revisionist but when The opposite parties interfered in the peaceful possession of the land in Dec. 1979 the complainant brought a civil suit no. 216 of 1979 in the court of Munsif Kashipur in which the opposite parties filed alleged patta for the first time and accordingly the complainant could have knowledge about such a patta in-favour of the opposite parties during the course or litigation in the Civil Court The complainant has challenged the allotment in favour of the opposite-parties on various grounds and has made allegations that to defeat the purpose of justice a forged allotment and patta has been manipulated in conspiracy and in collusion with the erstwhile Pradhan of the village Sri Kishore Singh who was a dismissed Pradhan of the village. The allegation's were denied by the opposite parties who filed a written statement admitting that Saw Mill etc are in existence towards east of the plot but denied other allegation made against the execution of patta in favour of the opposite parties. The opposite parties also asserted that the lease was executed in Their favour by the Land Management Committee in accordance with the law and rules inforced in those times and no irregularity was made in making the allotment while the allotment has been made for abadi purposes and not for the construction of house. After completing the enquiry the complaint of the revisionist was dismissed by the Additional Collector, Nainital on 22.6.83 holding that there was no justification and ground for canceling The allotment in favour of the opposite parties. An appeal was preferred which has also been dismissed under the Judgement and order dated 6-5-85 passed by the Commissioner Kumaun Division Nainital which has given rise to the present revision in this court.

(3.) I have heard the learned counsels for the parties and have perused the record.