NAZIR KHAN Vs. STATE

JUDGEMENT

(1.) THIS is a revision petition, preferred against the judgment and order dated 25-7-1995 passed by the learned Additional Commissioner, Jhansi Division, Jhansi arising out of an order dated 30-4-1992 passed by the learned trial Court in the proceedings initiated under Section 198 (4) of the UPZA and LR Act (hereinafter in short referred to as the Act).

(2.) BRIEF and relevant facts of the case are that these proceedings for cancellation of the lease were initiated suo moto on the ground that the lease holder was resident of outside the circle. The learned trial Court after completing the requisite trial, cancelled the aforesaid lease granted in favour of the revisionist on 30-4- 1992. Aggrived by this order, a revision was preferred. The learned Additional Commissioner has upheld the aforesaid order dated 30-4-1992 and dismissed the revision petition on 25-7-1995. Hence this second revision.

(3.) I have closely and carefully examined the contentions raised by the learned Counsel for the revisionist and also the relevant records on file. On a close scrutiny of the relevant record, I find that the contentions raised by the learned Counsel for the revisionist have much force. There is nothing on the record to show that any proceeding i.e. Munadi, Agenda, resolution etc. were taken for the grant of the lease in favour of the revisionist by the LMC concerned. It is a matter of great concern that the learned trial Court did not care to examine any document concerning the aforesaid allotment made in favour of the revisionist and has rendered the impugned order concerning cancellation of the alleged lease granted in favour of the revisionist and the learned Additional Commissioner has also upheld the aforesaid order, dismissing the revision preferred by the revisionist.