SUDAMA Vs. BARSATI

JUDGEMENT

(1.) THIS reference has been made by the learned Additional Commissioner, Gorakhpur Division, by his order dated 11-12-1995 passed in Revision No. 1260/182-A of 1989 recommending that the revision be allowed, the order of the trial Court dated 18-4-1989 be set aside.

(2.) BRIEF facts of the case are that proceedings under Section 198 (4) of the U.P.Z.A. and L.R. Act were initiated for cancellation of the leases. The trial Court passed an order on 10-4-1989 on a review petition. It ordered that the patta in respect of 983 Kari from plot No. 4-A be cancelled and the patta concerning 517 karis in respect of plot No. 177 be upheld. Feeling aggrieved by this order Sudama filed a revision before the learned Additional Commissioner from which the present reference has arisen.

(3.) THE learned Additional Commissioner considered the matter and found that the trial Court had no jurisdiction to review its earlier order and give certain directions. The order dated 18-4- 1989 was outside the jurisdiction of the trial Court. The learned Additional Commissioner took note of the fact that earlier on 18- 7-1987 the trial Court had found that Barsati possessed the land in excess of prescribed limit of 3.125 acres. There was no apparent error or mistake in this order which could be rectified in review petition. The view taken by the learned Additional Commissioner is perfectly justified.