KANHAI LAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the order dated 28-7-1999 passed by learned Additional Commissioner, Bareilly in Revision Nos. 35/11/437 of 1996-97 preferred against the order dated 31-10- 1996 passed by the Learned Upper Collector Pilibhit in Suit No. 01/88-89 in a case under Section 198 (4) of the U.P.Z.A. and L.R. Act.

(2.) BRIEFLY, the facts of the case are that proceedings were initiated under Section 198(4) of the U.P.Z.A. and L.R. Act against the revisionist on the ground that he is not the resident of the village where the land in dispute is situate. The revisionist was not served with any notice and the lease granted in his favour was cancelled by the Additional Collector on 13-1-88. Against this order, a restoration was filed by the revisionist which was allowed on 5-10-88. Thereafter the matter was revived and the Additional Collector by his order dated 31-10-96 passed an order cancelling the allotment dated 30-6-93 said to have been executed in favour of Ram Autar and Ram Bharose. The learned Additional Commissioner also observed that it should be ascertained as to whether Kanhai is entitled to get the benefit of Section 122-B (4-F) of the U.P.Z.A. and L.R. Act. Against this order a revision was filed by Ram Bharose and Ram Autar. The learned Additional Commissioner allowed the revision and remanded the case to the trial Court against which the present revision has been filed.

(3.) IN view of the above, revision is allowed, the order passed by Additional Commissioner dated 28-7-99 is set aside and the of the trial Court is restored. Revision allowed.