LAWS(ALL)-2004-1-217

GIRIND SINGH Vs. L.M.C.

Decided On January 08, 2004
GIRIND SINGH Appellant
V/S
L.M.C. Respondents

JUDGEMENT

(1.) THIS revision has been filed against the order dated 30-3-1998 passed by the learned Additional Commissioner, Agra Division, in a revision No. 89 of 1990, filed against the order dated 30-5-1990 passed by the trial Court in a case under Section 198(4) of U.P.Z.A. and L.R. Act.

(2.) THE facts of the case in brief are that one Narain Singh submitted an application alleging therein that the LMC of village Asadpur Qayam, has wrongly allotted the land in dispute in favour of the allottee by way of resolution dated 21-3-1983. A report was called for from the Tahsildar, Kol, in which it was mentioned that the land has been allotted to 59 persons and out of which Jagat Singh, Mihi Lal, Medh Singh, Smt. Jamuniya, Pyare Lal and Girind Singh were not eligible for the allotment, rest of the allottee are eligible for the same. The trial Court after hearing the learned Counsel for the parties cancelled the allotment made in favour of aforementioned persons. Against this order dated 30-5-1990 revisions were filed in the Court of Commissioner Agra Division, who vide the order dated 30-3-1998 dismissed the revisions. Hence, the instant revision has come up before this Court.

(3.) A bare perusal of file shows that both the Courts below have recorded concurrent finding that the allotment made in favour of aforementioned persons are not in accordance with law and therefore, the same have rightly been cancelled by the Courts below after making proper enquiry and giving due opportunity of hearing and the remaining allotments are in accordance with law. Thus, I do not find any reason to interfere with the impugned orders passed by the Courts below and revision deserves to be dismissed. In the result, the revision fails and is hereby dismissed and the impugned orders passed by the Courts below are upheld and sustained. Revision dismissed.