CHHUNNI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS revision has been filed by Chhunni Lal against the order dated 27-5-96 passed by the learned Commissioner, Jhansi in revision No. 143 of 1994-95 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 passed by Additional Collector, Banda.

(2.) BRIEFLY the facts of the case are that on 17-1-92 Land Management Committee passed a resolution for allotting the land in question to the revisionist and the allotment was approved by the SDO Sant Raj moved an application for cancellation of the lease on the ground that the allottee was not a landless agricultural labourer and that the lease had been granted without following the prescribed procedure. The learned Additional Collector cancelled the lease. Feeling aggrieved by this order Chhunni Lal filed a revision before the Commissioner which was dismissed. Hence the present revision.

(3.) IN this order was passed by the Additional Collector. In view of 1995 A.C.J. page 1313 Division Bench decision (High Court) only Collector should entertain and decide the proceedings initiated under Section 198 (4) of the UPZA and LR Act and the Additional Collector had no jurisdiction to pass any order in the proceedings. The order passed by the learned Additional Collector was without jurisdiction and is liable to be quashed on this ground alone. On merits too, the learned Courts below have erred in cancelling the lease.