SHAMBHOO NATH Vs. BAJRANGI

JUDGEMENT

(1.) THIS is a revision preferred against the order dated 26-11-1998 passed by Additional Collector (Administration) Allahabad, whereby proceedings under Section 198(4) of the U.P.Z.A. and L.R. Act has been dismissed.

(2.) BRIEFLY stated the facts of the case are that an application was moved by Hira Lal son of Mahendra resident of village Jhanjhra Pande, Pargana and Tehsil Bara District Allahabad under Section 198(4) of the U.P.Z.A. and L.R. Act for cancellation of lease granted in respect of Plot No. 126 Min area 1.12.0, Plot No. 33 Min area 0-4-0 Plot No. 212/2 Min area 0.12.0 situate in the same village allotted to Banjrangi son of Ram Sundar, Indrajeet son of Chandra Shekher and Girdhari son of Kedar Nath of the same village with the allegation that the plots in dispute were used as Khaliyan prior to Abolition of Zamindari; that the allottees were not landless agricultural labourers. They alongwith their parents have more than 20 bighas of land; that the land in dispute was not vacant one; that the leases are not granted in accordance with the provisions laid down under Rules 173 to 177 of U.P.Z.A. and L.R. Rules. On receipt of the aid complaint/application the notices were issued to the allottees who in response thereof contested the suit and advanced documentary as well as oral evidences in support of their contentions. Considering them the trial Court dismissed the application as mentioned above.

(3.) THE learned Counsel for the revisionist narrated the history of the case and submitted that prior to this the matter was remanded by Board vide its order dated 29-9-1997 that the land in dispute was being used as Khaliyan in revenue records and it stood as Banjar. It has been further submitted that in view of the Hon'ble High Court's observation in ACJ 1995 page 1313, the matter had been decided by Additional Collector who had no jurisdiction for the same.