PARAS NATH Vs. MAHABIR PRASAD

JUDGEMENT

(1.) THIS is a refer­ence dated. 16-8-97 made by the Additional Commissioner, Faizabad Division, arising out of proceedings under Section 198 (4) of UPZA and LR Act heard and decided by the CRO, Faizabad on 6- 1 2-96.

(2.) HEARD the learned Counsel for the partie sand perused the relevant paperson file.

(3.) AFTER hearing the learned Coun­sel for the parties and perusing the records, the relevant facts of the case are that two applications were moved for cancellation of leases under Section 198 (4) of UPZA and LR Act granted to the parties in respect of plot No. 620 area 0-1-2 situate at village Meethey Gaon, tehsil Bikapur, district Faizabad. The ap­plications were consolidated and notices were issued to the lease holders and during the course of hearing one Bhagauti Prasad died and applications were moved for substituting of the heirs of Bhagauti Prasad deceased in respect of which the order dated 11-12-96 was passed by the CRO, whereby the substitu­tion applications were rejected. Ag­grieved by that order a revision was filed before the Commissioner, Faizabad Division, wherein the aforesaid recom­mendation has been made by the learned Additional Commissioner to allow the revision and remand the matter to Collec­tor, Faizabad for decision afresh in accord­ance with law.