BHAGWANNU Vs. STATE OF U P

JUDGEMENT

(1.) S. N. Shukla, J. This revision has been preferred against the order dated 28-7-99 passed by learned Additional Commissioner, Bareilly preferred against the order dated 31-10-96 passed by Upper Collector, Philibhit in Case No. 114/97-88 under Section 198 (4) of the U. P. Z. A. and L. R. Act.

(2.) BRIEFLY, the facts are that on the report of the Tahsildar notice was issued under Section 198 (4) of the U. P. Z. A and L. R. Act to the revisionist, on the ground that he is not resident of the village where the land in dispute is situate and as such the lease granted in his favour may be cancelled. No objection was filed and order was passed ex-parte on 17-2-88. Revisionist filed a restoration which was allowed on 5-10-88 and the revisionist was held to be bhumidhar with non-transferable rights of the land in dispute and was in possession of the same on account of the fact that he was a member of Schedule Caste from before 30-6-85, and the notice issued against him was discharged, on 15-4-96, Opposite Party No. 2 and Salig Ram filed a restoration alongwith an affidavit claiming themselves to be owner of the land in dispute on the basis of a lease executed on 30-6-93. They prayed that the name of Bhagwannu may be expunged from the revenue records. Bhagwannu filed an objection against the restoration filed by the Opposite Party No. 2. The trial Court cancelled the allotment and observed that accrual of rights under Section 122-B (4-F) of the U. P. Z. A. and L. R. Act be ascertained. The learned Additional Commissioner by its order dated 28-7-99 allowed the revision and restoration filed by Opposite Party No. 2 and another and remanded the case to the trial Court for decision afresh on merits. The present revision has been filed against the order of the learned Additional Commissioner.

(3.) THE view of what has been discussed above, the revision is allowed, the order of the learned Additional Commissioner dated 28-7-99 is set aside and that of the trial Court is restored. Revision allowed. .