LAWS(ALL)-2003-10-69

KAMLAPATI Vs. STATE OF U P

Decided On October 16, 2003
KAMLAPATI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) N. S. Ravi, J. This is a revision preferred against the judgment and order dated 11-6-1987 passed by Additional Commissioner, Lalitpur under Section 198 (4) of the U. P. Z. A. and L. R. Act. By this order the learned Additional Collector presuming that the land in dispute was a Patta land allotted under Section 195 of U. P. Z. A. and L. R. Rules to the revisionists fathers has cancelled the same on the ground that at the time of the so called allotment the allottees Dharam Dass and Kamlapati were not eligible for allotment as they were having more than 12. 5 acres of land each.

(2.) FROM the perusal of the impugned order it is also clear that the proceedings before the lower Court were initiated suo moto.

(3.) THE revisionists have filed an affidavit alongwith an application wherein it has been stated that the order dated 27-12-1986 has got finality as no revision or appeal has been filed against that order in any Court of law. It was also stated that even before the learned lower Court this fact was clearly brought to its notice alongwith the copy of the order dated 27-12-1986. So there is no need to call for the record of the suit under Section 229-B of the U. P. Z. A. and L. R. Act pertaining to the order dated 27-12-1986.