NEW FRIENDS SAHAKARI AWAS SAMITI Vs. STATE

JUDGEMENT

(1.) THIS revision has been filed against the order dated 17-2-1994 passed by the Additional Commissioner, Agra Division, in a revision filed against the order dated 17-9-1992 passed by the trial Court in a case under Section 143 of U.P.Z.A. and L.R. Act.

(2.) BRIEFLY the facts of the case are that one Murlidhar, Secretary, New Friends Sahakari Awas Samiti, Firozabad submitted an application on 28-11-1991 with the prayer that the disputed Plot Nos. 33 and 46-A having total area 9-16-0 situate in village Humaunpur, Tahsil Pergana and District Firozabad be declared as abadi under Section 143 of Z.A. and L.R. Act. A report was called for from the Tahsildar who submitted a report to S.D.O. on 2-12-1991 and on that basis the trial Court declared the land in dispute as abadi vide the order dated 16-12-1991. Thereafter, on restoration application the order dated 16-12-1991 was recalled and restored the case to its number, vide the order dated 17-9-1992. Feeling aggrieved by these orders a revision was filed before the Commissioner, Agra Division, which has been heard and decided by the Additional Commissioner, Agra Division, on 17-2-1994 whereby the revision has been rejected. Hence the present revision has come up before this Court.

(3.) A bare perusal of file it is clear that no proper opportunity has been given to the State and Gaon Sabha in the matter and the SDO has rightly recalled its earlier order dated 16-12-1991. Now the parties have full opportunity to lead evidence before the Court below. The order passed by the learned Additional Commissioner is just and proper which does 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.