LAWS(ALL)-2003-11-67

ASHOK KUMAR Vs. STATE

Decided On November 13, 2003
ASHOK KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) N. S. Ravi, J. This revision has been filed by Ashok Kumar against the order dated 31-10-2003 passed by learned Colloector, Lalitpur in Case No. 266/2002-2003 under Section 198 (4) of the U. P. Z. A and L. R. Act.

(2.) PROCEEDINGS started on suo-motu action and notice was issued to show-cause as to why the allotment made by the Land Management Committee be not cancelled because the land in question was pasture and came within in the category of land defined under Section 132 of the U. P. Z. A. and L. R. Act. The revisionist contested the proceedings. The learned Collector Lalitpur cancelled the allotment and passed order that the land would vest in the Gaon Sabha. Against this order the present revision has been filed.

(3.) IN view of the above, the order passed by the learned Collector, Lalitpur cannot be allowed to stand. Revision is allowed, the order dated 31-10-2003 is set aside and the case is remanded back to the Collector for fresh decision in the light of the provisions as contained in Section 198 (9) of the U. P. Z. A. and L. R. Act. Revision allowed. .