RAM SARAN Vs. BUDHA

JUDGEMENT

(1.) THIS reference has been submitted by the Additional Commissioner, Faizabad vide his order dated 16-5-97. The learned Additional Commissioner has recommended for setting aside the order of the Chief Revenue Officer/Additional Collector dated 1-7-95.

(2.) BRIEF facts of this case is that revisionist/applicant has moved an application regarding plot No. 286-B area 0-5-15 alleging that this plot is made of from old plot No. 186 Min. It has also been alleged that on the above plot a dispute was raised before the Consolidation Courts and finally the order was passed in his favour. In the meantime this plot was recorded as Navin Parti and this plot was allotted to the opposite-parties. Additional Collector vide his order dated 1-7-95 has dismissed the application of the applicant and has directed the applicant to file a regular suit for getting the valuation before the competent Court. Additional Commissioner has disagreed with the order of Chief Revenue Officer/Additional Collector and he has submitted a reference for setting aside the order of the Chief Revenue Officer/Additional Collector dated 1-7-95.

(3.) IT has been argued by the learned Counsel for the revisionist that old plot No. 186 Min area 1.15.0 was under his ownership and a dispute was raised in the consolidation Courts regarding the area 0.5.15 and finally the Consolidation Courts has decided in his favour and this plot was recorded in his name and after denotification of the village an order was passed under Rule 109- A of the U.P. Consolidation of Holdings Rules and amaldaramad was made in favour of Gaya Prasad but before this order this plot was recorded as Navin Parti. A patta was executed in favour of the opposite-parties. This plot has never been notified as Gaon Sabha land under Section 117 of the UPZA and LR Act because Gaon Sabha was not the owner of this land. The patta executed by the Gaon Sabha in favour of the opposite-parties was illegal. The learned Counsel for the revisionist has requested that reference submitted by the learned Additional Commissioner be accepted.