BINDA PRASAD Vs. HEERA LAL

JUDGEMENT

(1.) THIS refer­ence has been made by the learned Addi­tional Commissioner, Jhansi by his order dated 22-3-96 passed in revision No. 13/49 of 1993-94 Banda recommending that the revision be allowed and the order of the trial Court dated 29-1- 92 be set aside.

(2.) BRIEFLY the feels of the case are that an allotment was made in favour of Heera Lal. On the report of the Tahsildar proceedings for cancellation of the leases were started. The trial Court gave both parties an opportunity of adducing evidence and of being heard. The learned trial Court held that allottee Heera Lalwas an eligible persons and entitled to obtain/lease from the Qaon Sabha. It ob­served that Heera Lalwas not a member of LMC and hence it was not necessary for him to obtain prior permission from the Collector. It held the lease to be valid and dropped the notice. Feeling aggrieved by this order Binda Prasad and others filed revision before the learned Additional Commissioner from which the preference has arisen.

(3.) FROM a perusal of the record it is evident that the LMC concerned granted lease in favour of Heera Lal after comply­ing with the relevant provisions of the rules on the subject. Cancellation of lease was proposed on the ground that the allot­tee was a member of the LMC and the lease obtained by him without obtaining prior permission from the Collector was invalid. The learned trial Court found that the allottee Heera Lalwas not a member of the LMC and hence permission from the Col­lector was not required. The learned Addi­tional Commissioner has gone on sur­mises and acted illegally in holding that the prior permission of the Collector should have been obtained. As a matter of fact the allottee was not a member of LMC and was not required to get approval from the Col­lector. The learned trial Court was jus­tified in upholding the lease. There is no illegality in its order. The reference made by the learned Additional Commissioner is not correct.