VISHNU DATTA Vs. L.M.C.

JUDGEMENT

(1.) THIS revision has been filed against the order dated 17-3-97 passed by the Additional Commissioner, Agra Division, in a revision filed against the order dated 17-1-94 passed by the Additional Collector, in a proceeding under Rule 115-P, U.P.Z.A. & L.R. .

(2.) BRIEFLY the facts of the case are that one Babu Singh moved an application on 13-11-81 whereupon after issuance of show-cause notices, the leases were cancelled by the Additional Collector on 20-4-1983. Later on the matter went up to the Board and the same was remanded back for retrial. Again notices were issued and after hearing the parties and going through the evidence the Additional Collector cancelled leases holding the lessee were not eligible for such allotment. In revision, the Additional Commissioner, Agra dismissed the revision holding the same is not maintainable vide the order dated 17-3-97 and uphold the order dated 17-1-94 passed by the trial Court. Feeling aggrieved by the order of Additional Commissioner, the instant revision has been filed before this Court.

(3.) HERE the learned Counsel for both the parties are agreed that the matter be sent back to the Court of Additional Commissioner for decision afresh on merits. In the circumstances before entering into merit of the case, I allow the revision, set aside the order dated 17-3-97 passed by the learned Additional Commissioner and the whole matter is sent back to him to decide the revision on merits in accordance with law after hearing both the parties on merits. Revision allowed.