TILAKDHARI Vs. PAGDHARI

JUDGEMENT

(1.) S. P. Pandey, Member. This is a revision petition, preferred against the order dated 27-7-1993, passed by the learned Additional Commissioner, Varanasi Division, Varanasi, in revision petition No. 145 of 1992/jaunpur, dismissing the same and confirming the order, dated 8-6-1992, passed by the learned trial Court in proceedings under Section 198 (4) of the UPZA & LR Act (hereinafter, referred to as the Act ).

(2.) BRIEFLY stated, the facts giving rise to the instant revision petition are that on the application of Pagudhari etc. under Section 198 (4) of the Act for the cancellation of the lease, granted in favour of the revisionist, Tilakdhari proceedings for the same were initiated against the allottee. It was inter-alia pleaded by the applicant that since the land, in dispute, is of public utility being sports and games spot, Devasthan and Ram Lila ground and the revisionist was not an eligible person for the same, the allotment in question is irregular and should be cancelled. On notice, the allottee contested the proceedings, denying the allegations and inter-alia pleading that since the land,in dispute is neither of public utility nor is there any irregularity in the allotment of the same and the revisionist is in possession of the same, the same is not irregular. After hearing the parties, concerned, local inspection was made by the learned trial Court in respect of which tehsil report is on the record. The learned trial Court, after completing the requisite formalities, rejected the application, moved by Pagudhari etc. and maintained the lease in question, vide its order, dated 8-6-1992. The applicant went up in revision before the learned Additional Commissioner, who has dismissed the same vide his order, dated 27-7-1993. It is against these orders that the instant revision petition has been preferred by him before the Board.

(3.) CONSEQUENTLY, this revision petition being devold of merits, is, accordingly, dismissed and the impugned orders passed by the learned Courts, below are hereby, confirmed and maintained. Let records be returned forthwith, to the Courts concerned. Revision dismissed. .