KALLOO Vs. STATE

JUDGEMENT

(1.) THIS revision has been filed against an order passed by learned Additional Commissioner, Jhansi Division, in Revision No. 18/87 of 91-92 dated 28-12-1994.

(2.) THE brief facts of the case are that plot No. 345 and 346 area 2.29 acre and 0.79 acres respectively were recorded as Gaon Sabha Banjar land; out of which one acre was allotted to the respondent Daya Ram for plantation. Revisionist Kalloo filed objection and moved an application for cancellation of Patta before the Additional Collector, Jhansi alleging that on both these plots he was in possession for the last more than 12 years and therefore, he has matured rights and now no part of these plots could be allotted to anybody else and therefore, the Patta granted in favour of respondent Daya Ram be cancelled. The learned Additional Collector by order dated 15-5-89 dismissed the objection on the ground that the said Patta for plaintiff was not covered by Section 198 and therefore, no action under Section 198(4) of the U.P.Z.A. and L.R. Act could be initiated. The revisionist filed revision against this order before Commissioner Jhansi which was also dismissed by order dated 28-12-1994, rejecting his claim under Section 122-B (4-F) of the U.P.Z.A. and L.R. Act. Against this order instant revision has been filed.

(3.) THE learned Counsel for the revisionist argued that the same plots and between the same parties were involved in another Revision No. 46 of 91-92 Kalloo v. State, in which this Board by order dated 20-10-2003 has accepted his claim under Section 122-B (4-F) of the U.P. Z.A. and L.R. Act, therefore, the principle of res-judicata operates in this case as parties are the same, the property in dispute is same and even the Court is same. The order referred has been passed by myself and once the revisionists claim under Section 122-B (4-F) has been accepted by the Board no Patta out of the said land could be sanctioned to anybody else. Section 122-B (4-F) of the Act is not merely a procedural law. It is substantive law which confers rights on person eligible under rules.