LAWS(ALL)-2004-2-251

RAM SWAROOP Vs. STATE OF U.P.

Decided On February 05, 2004
RAM SWAROOP Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) THIS is a reference made by learned Additional Commissioner, Allahabad Division, Allahabad whereby the order passed by SDO Chail District Allahabad dated 28-2-1990 has been recorded to be set aside.

(2.) BRIEFLY stated the facts of the case are that an application dated 14-2-1986 proceedings under Sections 163/166/167 of the UPZA and LR Act started in respect of plot No. 934/3139 area 4 biswas 2 dhur situated in village Charva, Pargana and Tehsil Chail District Allahabad contending therein that by way of a sale-deed the said land stood transferred in favour of a person who does not belong to Scheduled Caste though the land in dispute belong to a member of Scheduled Caste community. Hence the said transfer stood in contravention of Section 157-A of the UPZA and LR Act wherein such transfers could only be made under the permission of the Collector of the District. On issuance of notices transferee filed objections whereby allegations raised in the application were denied and explanation to the effect was given that land was purchased considering the transferer as a Kurmi by caste. After evaluating the contentions raised by the parties SDO Chail District Allahabad passed an order dated 28-2-1990 where by the alleged transfer being in contravention of the Act stood vested with the State of U.P. hence aggrieved party preferred a revision before the Commissioner, Allahabad Division, Allahabad wherein the aforesaid recommendation has been made by the learned Additional Commissioner which is being heard by this Court.

(3.) THE main submissions made by the learned Counsel for the revisionist is that the reference be accepted and revision be allowed as per recommendation made by the learned Additional Commissioner because the revisionist was not given an opportunity of hearing by SDO as it has been done in the instant case. It has also been submitted that such proceedings cannot be finalised by SDO as it has been done in the instant matter. In this context he has fortified his arguments by RD 1983 page 272, apparently instant matter has been heard finally and disposed off by the SDO Chail District Allahabad and the conclusions been made with regard to contravention of the provisions of the Act in making the transfer of the disputed land to member of non-Scheduled Caste community by a member of Scheduled Cast community. The points involved in the matter have been considered, discussed and a decision to the effect has been finalised by the learned Additional Commissioner wherein certain irregularity, illegality has been pointed out in the reference. Meaning thereby that the trial Court's order suffers from jurisdictional as well as legal errors. Relying upon the referred citations I agree with the recommendation made by the learned Additional Commissioner.