AFSAR ALI Vs. GAON SABHA

JUDGEMENT

(1.) THIS is a revision petition under Section 333 of the UPZA & LR Act (hereinafter referred to as the Act) preferred against the judgment and order, dated 13-8-1984, passed by the learned Commissioner, Moradabad Division, Moradabad, in revision Petition No. 64 of 1982, arising out of the judgment and order, dated 13-10-1982, passed by the learned trial Court in a suit under Section 229-B of the Act.

(2.) VIDE order dated 15-7-1993, the then learned Member, Sri Brijesh Kumar, IAS had ordered for the reconstruction of the concerned records and the learned Courts below were asked for the compliance. The learned Additional Commissioner (Administration), Moradabad Division, Moradabad, vide his Letter No. 104/SR/94-95, dated 20-5-1995 sought for time for at least two months for the compliance of the same. The wanting records after reconstruction are not forthcoming, as yet and in these circumstances, in the absence of the relevant records, it is rather impossible to dispose of this revision petition. This is one of the oldest cases pending before the Board and to my mind, in order to achieve the ends of substantial natural justice and to facilitate its course, it is a fit case to be remanded to the learned trial Court for decision, afresh, after reconstructing the record and affording an opportunity of being heard and adducing evidence, if they so desire, to the parties, concerned.