DURGA Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS reference has been made by the learned Additional Commissioner, Jhasi by his order dated 10-1-96 passed in Revision No. 432 of 93-94 Hamirpur recommending that the revision be allowed, the order dated 24-2-93 passed by trial Court as well as the resolution dated 10-2-93 passe by Land Management Committee be rejected.

(2.) BRIEFLY the facts of the case are that lease was granted in favour of Durga in 1387 Fasli. Possession had been delivered to him. On 10-2-93 Land Management Committee passed a resolution and the Sub-Divisional Officer by his order dated 18-4-93 ordered the eviction of the revisionist on the Khatauni without any notice to him. The learned Additional Commissioner has recommended that the revision be allowed.

(3.) A perusal of the record reveals that the S.D.O passed the impugned order without any notice to the revisionist. Apart from this when Patta had been given to the revisionist S.D.O. had no jurisdiction to pass any order cancelling the Patta. The learned Additional Commissioner has considered the circumstances of the case and made a correct reference.