LAWS(ALL)-2003-4-12

STATE Vs. SHIV NATH

Decided On April 30, 2003
STATE Appellant
V/S
SHIV NATH Respondents

JUDGEMENT

(1.) THIS is a preference made by the learned Additional Commissioner, Moradabad by his order dated 6-8- 97 passed in Revision No. 34/96-97 recommending that the revision filed by U. P. State be allowed, the order of the trial Court dated 26-6-96 be set aside and the plots in question be ordered to be recorded as being under the management of the Collector.

(2.) BRIEFLY, facts are that in proceedings under Section 229-B of the U. P. Z. A. and L. R. Act the trial Court passed an order decreeing the suit of the plaintiff declaring them to be Bhumidhars with transferable rights of the plots in qeustion. Feeling aggrieved by this order U. P. State filed a revision before the learned Additional Commissioner who has made the present reference before the Board.

(3.) AGREEING with the recommendation of the learned Additional Commissioner, I allow the revision, set aside the order of the trial Court dated 26-6-96 and direct that the land in question be recorded as "bhumi SARKAR ZERE INTEZAM". Revision allowed. .