PUNPUN Vs. RADHEY SHYAM

JUDGEMENT

(1.) THIS is a revision against the order dated 18-1-99 passed by Additional Commissioner, Faizabad Division, Faizabad arising out of a proceeding under Section 198(4) of the U.P.Z.A. and L.R. Act heard and decided by Chief Revenue Officer Faizabad on 23-11-96.

(2.) BRIEFLY stated the facts of the case are that on an application moved by revisionist before the trial Court proceedings as mentioned above started for cancellation of lease granted in respect of plot No. 431 area 0-7-10 dhur, plot No. 271 area 0-7-0 and 272 area 0-5-10 situate at village Mohammadpur, Pargana Pachim Rath, Tehsil Bikapur District Faizabad contending that the disputed plots were not fit for agriculture; that he was grove holder of the disputed plots because the trees sown and grown by the applicant were standing over the same. On issuance of notices in accordance with the provisions of law the matter was contested and ultimately Chief Revenue Officer Faizabad dismissed the application on the point of maintainability vide order mentioned above. Hence aggrieved party preferred revision before Commissioner Faizabad Division, which has been heard and decided by Additional Commissioner's order and the trial Court's order has been confirmed. Now aggrieved party is before the Board of Revenue.

(3.) THE learned counsel for the revisionist mainly submitted about the right of the revisionist as being grove holder over the land in dispute. He further submitted that the land in dispute was not fit for agriculture and as also not vacant hence the same ought not to have been allotted to the opposite-parties.