MEGH NATH Vs. MUNNA LAL

JUDGEMENT

(1.) THIS is a revision preferred against an order dated 16-7-1997 passed by learned Additional Commissioner, Bareilly Division, Bareilly whereby Additional Collector's order dated 8-12-1995 has been upheld.

(2.) BRIEFLY stated, facts of the case are that Munna Lal and others moved an application under Section 198(4) of the U.P.Z.A. and L.R. Act for cancellation of lease granted in favour of the revisionist in respect of Plot No. 229 area 4 biswa situated in village Harsipur, Pargana and Tehsil Jalalabad District Shahjahanpur on several grounds which are that the plot in dispute was not cultivable, that half of it was pond and the rest of the it was allotted for residential purposes to several persons long back, that the land in question were granted without any meeting, without agenda and Munadi, leases were also not distributed in public to the lease-holders Urmila Devi who happens to be a Assistant Teacher in a school. On issuance of notices the proceedings was contested. Objections were filed and both the parties led their oral as well as documentary evidences in support of their claims. After close of evidences the trial Court came to a conclusion that the leases in question were against the provisions of law hence by the said order they were cancelled. Aggrieved by Additional Collector's order as mentioned above, a revision was preferred before Additional Commissioner Bareilly Division, Bareilly which has been heard and decided vide, Additional Commissioner's order dated 8-12-1995.

(3.) THE learned Counsel for the revisionist mainly submitted that the trial of the proceeding under Section 198(4) of the U.P.Z.A. and L.R. Act has been made by the Additional Collector Jalalabad who has no jurisdiction to try such matters.