BENGALI BABU Vs. PUNNI DEVI AND OTHERS

JUDGEMENT

(1.) This reference has been made by the Addl. Commissioner, Agra Division, Agra vide his recommendation dated 22.8.1986 under Sec. 333-A of U. P. Act No. 1 of 1951 against the order of the Upper Collector, Firozabad, Agra vide his order dated 31.8.1986 passed in a proceeding under Sec. 198 (4) of U. P. Act No. 1 of 1951.

(2.) In brief the facts of the case are that the land Management Committee, Jaitpur, Tahsil Firozabad, District Agra passed a resolution to allot the land to the Opp. Parties. The notices were issued by the Collector for the cancellation of the leases. The trial court cancelled the leases of Ram Babu, Mahabir and Smt. Punni Devi belonging to Scheduled Caste and the rest of allotment was held to be valid. Revision was filed against that order by the complainant Bengali Babu. The reference has been made on the ground by the Addl. Commissioner that it was the duty of the allottee to prove the allotment valid. Since the allotment has not been proved to be valid by the allottees, therefore, the leases should be cancelled.

(3.) Against this recommendation the allottees has made objection. Heard the learned counsel for the parties. Perused the record.