SAMAY SINGH Vs. DHARAM SINGH AND OTHERS

JUDGEMENT

(1.) This Bench of two Members is constituted under order of Honourable Chairman to consider the legal issues referred to by a Member Shri Kaushal Kishore on 22-5-1985, since retired. The way he seeks an answer to a problem is unusual. Sitting alone and seized of a reference arising in a proceeding under Sec. 199 (4) Z.A. & L.R. Act, he submits directly to a Division Bench, Meerut to proffer answers to concerns and questions he formulates. On 5-7-1985 Meerut Bench requests Honourable Chairman, Board of Revenue to nominate Members. SEven year go by in utter neglect. On 7-5-1992 another Bench directs Registrar, Board of Revenue, to secure orders on the subject. Eventually the Bench of two Members is in session.

(2.) The facts putting forth the concerns in issue are : For cancellation of an allotment in favour of Dharam Singh's, an application under Sec. 198-(4), Z.A. & L.R. Act is moved by applicant Samay Singh in Collector's. On 12-4-1978. Additional Collector enters an order dismissing the application

(3.) Applicant Samay Singh lodges a revision in Commissioner's. On 28-10-1979 Additional Commissioner's submits a reference to allow the revisions and set aside order of Additional Collector dated 12-4-1970. The reference has not as ye been finally decided by Board or Revenue in view of this reference. The Bench is to proffer an answer to an acute concern reflected in the reference. It is apt to essay it as Honourable Member had it :