LAWS(ALL)-2002-3-127

BACHCHI Vs. RAM KHELAWAN

Decided On March 27, 2002
Bachchi Appellant
V/S
RAM KHELAWAN Respondents

JUDGEMENT

(1.) THIS revision has been filed against the order of the learned Additional Commissioner, dated 7-7-87 by which the learned Additional Commissioner has dismissed the revision filed by the present revisionist.

(2.) BRIEF facts of this case is that proceedings for cancellation under Section 198 (4) of the UPZA and LR Act was started on the complaint of Sri Ram Khelawan on the ground that opposite-party No. 1 Smt. Bachhi was the member of the Gaon Sabha and without obtaining permission from the competent authority lease was executed in her favour. It has also been stated that allottee does not come in the preferential category. The learned ADM vide his order dated 30-8-84 has cancelled the lease on the ground that Smt. Bachhi was the member of the LMC at the time of execution of the lease. Revision as preferred by the allottee Smt. Bachhi which too was dismissed on 7-7-87. Being aggrieved by this order this revision has been preferred.

(3.) IT has been argued by the learned Counsel for the revisionist that patta was executed on 5-6-70. Complaint was filed on 16-9-80. It has been stated by the learned Counsel for the revisionist that on 1-12-71 another complaint was filed by another person for the cancellation of the lease executed in her favour. This complaint was rejected by the learned SDO. Therefore, limitation cannot be enlarged. The learned Counsel for the revisionist has cited the following rulings in support of his case :