STATE OF U.P. Vs. GULAB SINGH

JUDGEMENT

(1.) This reference has been made by the Addl. Commissioner, to Division, Agra vide his recommendation dated 31-5-1978.

(2.) In brief the facts of this case are that proceeding against the opp. parties started under Rule 155-C of the U.P.Z.A. and L.R Rules. The trial court dropped the proceeding vide its order dated 18-8-1975 then State filed a revision before the Addl. Commissioner under Sec. 333-A of U.P. Act No. 1 of 1951. The Addl. Commissioner has recommended the revision on the ground that the notice in Form 49-A was not properly prepared and issued to the opposite parties, therefore the proceeding is defective and he recommended that the order of the trial court should be set aside and the trial court should be directed to issue fresh notice and to decide the case a fresh.

(3.) Heard the learned counsel fort both the parties Pursued the record.