NAURAJ SINGH Vs. SHESH RAM

JUDGEMENT

(1.) The Facts Are : On 27-8-1977 Nauraj Singh and two others move an application under Sec. 198(4) ZA and LR Act for cancellation of allotment in favour of Shesh Ram's, 20 persons they are khudkasht holders and bhumidhars of the land in suit. The land is situate inside Town Area Committee and Urban Area Zamindari Abolition Act has not come into force. The action of, Sub-Divisional Officer in expunging their names as khudkasht and bhumidhar tenant is not support able in law and in act. The applicants were told that lease of sirdari tenure has ben executed by LMC by a resolution date 10-11-1974 re-enforced by a permission of Sub-divisional Officer Dated 25-11-1975. The process of lease execution is irregular because of absence of proclamation and circulation of agenda amongst members of LMC. The emphatic claim is that land has not vested in Gaon Sabha ; their tenurial rights are subsisting. When Urban Area Act will come into force the applicants will have matured rights as bhumidhar tenants. Presently the applicants are khudkasht-holders in possession. The request is to cancel the allotment in favour of 20 persons, allottee's.

(2.) On 20-9-1977 allottee Alimuddin, opposite-party No. 5, files his objection in opposition. The case forth is that land has vested in Gaon Sabha, Baghpat. The application is bad for non-joinder of LCM Urban Area ZA Act has come into force and land has vested in State. The allotment is regular because process of due execution has been strictly followed. Parties are given chance to lease their evidence. An inquiry report is submitted by Naib Tahsildar on 16-11-1977. On 9-6-1978 Additional Collector enters an order dismissing the application.

(3.) Applicant Nauraj Singh's file a revision. On 12-6-1980 Additional Commissioner enters an order dismissing the revision. This revision is by applicants Nauraj Singh's.