LAWS(ALL)-2001-2-162

SHANKER LAL Vs. STATE OF U.P.

Decided On February 13, 2001
SHANKER LAL Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) THE revision has been filed by Shanker Lal against the order dated 5-10-97 passed by the learned Commissioner, Jhansi in Revision No. 127 of 94-95 arising out of proceeding under Section 198 (4) of the UPZA and LR Act. By the impugned order the learned Com­missioner dismissed the revision and upheld the order of the trial Court passed in case No. 10.

(2.) BRIEFLY the facts of the case are that Shanker Lal moved an application for can­cellation of the lease granted in favour of the opposite-parties. Opposite parties filed objection. The trial Court found that the allotment had been validly made and that the application filed by Shanker Lal was not maintainable and dismissed the appellant. On a revision being filed the learned Commissioner agreed with the view expressed by the trial Court and dis­missed the same. Hence, the present revision.

(3.) FROM the material on record it is evident that the land in question was property of Gaon Sabha. The triaLCourt on a consideration of the evidence on record found that the land was vacant on the date of the allotment. The com­plainant Shanker Lal failed to establish that he had only right or title over the land in question. He also failed to establish that the land had been given to him for planta­tion of trees. The present revisionist did not come with in the category of aggrieved person and the learned Courts below did not commit ar.y illegality or material irregularity in rejecting the application. There is no ground to interfere in the orders passed by the Courts below. The Courts below have passed the orders after assigning cogent reasons.