DAYAWATI Vs. L.M.C.

JUDGEMENT

(1.) THIS is a revision petition under Section 333 of the UPZA & LR Act ( here in after referred to as the Act), preferred against the judg­ment and order, dated 29-6-1998, passed by the learned Additional Commissioner, Moradabad Division, Moradabad, arising out of a judgment and order, dated 13-11-1996, passed by the learned trial Court, in the proceedings initiated under Section 198 (4) of the Act.

(2.) BRIEF and relevant facts of the case are that an application under Section 198 (4) of the Act was moved on behalf of the complainant, Amar Singh and others, with the prayer that the lease, granted in lavour of the opposite party, Smt. Dayawati be cancelled on the ground of irregular allot­ment as the aforesaid allotment was made of the land reserved for Khalihan during the consolidation operations of the vil­lage, concerned and other irregularities, having been committed, while executing the aforesaid lease. The learned trial Court after completing the requisite formalities, by means of its order, dated 13-11-1996 has ordered the aforesaid lease of Bhumidhar with non- transferable rights to be changed into an Asami lease for one year. Aggrieved by this order, a revision was preferred. The learned Additional Com­missioner has allowed the revision and set aside the aforesaid order, dated 13-11-1996, passed by the learned trial Court. It has also been ordered that the disputed land be recorded as Khalihan as before. Hence this second revision peti­tion.

(3.) I have closely and carefully con­sidered the contentions, raised by the learned Counsel for the parties and have also gone through the relevant records, on file. On a close scrutiny of the record, it is crystal clear that the land in suit is recorded as Khalihan in the revenue records and as such, it is a land of public utility which cannot be diverted to any other use by any authority. The learned lower revisional Court has properly ex­amined the points at issue, in correct perspective of law and has recorded a clear and categorical finding, to the effect that the aforesaid impugned order dated 13-11-1996, passed by the learned Collector, Bijnor is liable to be set aside.