NARESH PAL SINGH Vs. L.M.C.

JUDGEMENT

(1.) THIS revision is directed against the order dated 27-5-94 passed by the Additional Commissioner, Agra Division, in a revision filed against the order dated 28-8-93 passed by the trial Court in a case under Section 198(4) U.P. Z.A. & L.R. Act.

(2.) BRIEFLY the facts of the case are that one Munshi Singh moved an application under Section 198(4), U.P. Z.A. and L.R. Act on 28-10-87 to the effect that the lease granted in favour of the opposite party in respect of the disputed plot No. 1367 be cancelled as the same is not fit for the allotment. Notices were issued and objections were filed and thereafter the trial Court hearing to the parties and considering the evidence on record rejected the application and confirmed the leases, vide the order dated 28-8-93. Against this very order, a revision was preferred before the Commissioner, Agra Division which has been heard and decided by the learned Additional Commissioner on 27-5-94 whereby the revision has been dismissed. Feeling aggrieved by these orders the present revision has come up before the Board of Revenue and is being heard by this Court.

(3.) THE learned Counsel for the revisionist has submitted that the land in dispute is the public utility land and covered by trees as such, its allotment is illegal and unjust which must be cancelled. In reply, it is contended that the allottees are landless agricultural labourers belonging to scheduled caste and the allotment has been made after following the procedure prescribed by law; that the complainant is not the resident of the village and therefore he is not an aggrieved person as such, the allotment be confirmed.