BHAGWAN SINGH Vs. L.M.C.

JUDGEMENT

(1.) THIS revision has been filed against the order dated 31-5-1997 passed by the learned Additional Commissioner, Agra Division, in a revision filed against the order dated 30-3-1995 passed by the trial Court in a case under Rule 115-P, U.P.Z.A. and L.R. Rules.

(2.) BRIEFLY the facts of the case are that the present proceedings were initiated on the application moved by one Jawala Prasad on 4-6-1993 on the grounds that the allotment made in favour of the revisionist is not in accordance with law and hence prayed the allotment be cancelled. Notices were issued and objections were filed. The trial Court after hearing to the parties cancelled the allotment and vested the land into the Gaon Sabha on 30-3-1994. Against this very order a revision was filed before the Commissioner, Agra, which has been heard and decided, vide the Additional Commissioner's order dated 31-5-1997. Feeling aggrieved by that order, the present revision has come up before this Court.

(3.) A perusal of trial Court's order I find that it has recorded finding that the plot in dispute No. 284 is recorded as old parti land and there is no order for changing the use of land so, the allotment is illegal. The learned Additional Commissioner is of the view that against the order of Collector passed under Rule 115-P or Section 122-C (6) and (7) of Z.A. and L.R. Act and Rules, shall become final and no revision lies against such order. Thus, it is clear that the order has been passed by the trial Court under Rule 115-P of Z.A. and L.R. Rules which is not revisable in law and so the orders passed by the Courts below are just and proper and do not call for any interference by this Court. In the circumstances, I do not find force in the instant revision which deserves to be dismissed.