SUDESH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS revision has been filed against the order dated 22-9-1998 passed by learned S.D.O. Deoband, Saharanpur 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 on the complaint made by Surajmal and others on the ground that the land in dispute is recorded as 'Johar' in the revenue records and the allotment made in favour of the opposite party as asami is illegal and against the provisions of law. Notices were issued and opposite party filed objection. The trial Court on an appreciation of evidence on record cancelled the lease made in favour of the opposite-party vide his order dated 22-9-1998. Hence the present revision has been filed.

(3.) THE learned Counsel for the revisionist argued that Land Management Committee has passed a resolution on 5-7-1997 for allotting the land in dispute to the revisionist as Asami Patta that the resolution of Land Management Committee was accepted by the Sub-Divisional Officer on 2-5-1998 and the impugned order has been passed without affording any opportunity of hearing to the revisionist as such the impugned order is liable to be set aside.