UJIYARI Vs. STATE

JUDGEMENT

(1.) THIS revision has been directed against the order passed by Additional Commissioner Lalitpur in a Patta cancellation Suit No. 224/99-2000 on 12-4-2002. By this order the learned Additional Collector has rejected the plea of res judicata raised by the revisionist on the ground that the earlier proceedings for Patta cancellation were on the ground that the allottee was not eligible for allotment whereas the present proceedings are on the ground that out of the three plots allotted to the revisionists there is no dispute regarding Plot Nos. 250 and 805. But so far as Plot No. 1351 is concerned since the area allotted to the revisionists is more than the Bandobasti area of the plot therefore, principle of res-judicata will not apply to this extent. From a perusal of the file it is evident that earlier also in the year 1993 the lease of the revisionist was cancelled by order dated 26-3-93. Revision was filed before Commissioner Jhansi Division which was allowed and a reference was made to the Board bearing Reference No. 76 of 74-75. The reference was also accepted by Hon'ble Member Sri. S. P. Pandey through the order dated 11-8- 1995 and lease was upheld. The order of Collector was quashed.

(2.) I have heard the learned Counsel for the revisionist.