CHHOTE LAL Vs. MAHESH

JUDGEMENT

(1.) THIS is a reference dated 18-1-1996 made by the learned Additional Commissioner, Allahabad Division, arising out of proceedings under Rule 115-P of UPZA & L.R. Rules, heard and decided vide the Additional Collector's order dated 23-4-1993.

(2.) FACTS of the case in brief are that a complaint for cancellation of leases granted in respect of the plot No. 290-M/0-0-12 situate at village Khanpur, Pergana Khairgrah, Tahsil Meja, District Allahabad moved on the ground that the lease for house side was forged one granted without any munadi, and without preparation of eligibility list. On receipt of the said complaint, the notices were issued to otherside who in response thereof filed objection and a report in that respect was called for from the Tahsildar, Meja. The parties advanced evidences in support of their claims and then after the Additional Collector, Allahabad after evaluating the evidences produced by the parties, dismissed the cancellation application vide the order dated 23-4-1993. Against this very order a revision was preferred before the Commissioner, Allahabad Division, wherein the aforesaid recommendation has been made by the learned Additional Commissioner to set aside the impugned order passed by the trial Court and remand the entire matter for decision afresh.

(3.) THE learned Counsel for the revisionist has only submitted that the reference being in favour of the revisionist be accepted as recommended by the learned Additional Commissioner.