RAM KISHORE Vs. GAON SABHA

JUDGEMENT

(1.) THIS is a revision preferred against the order dated 27-2-1998 passed by learned Additional Commissioner, Allahabad Division, Allahabad arising out of a proceeding heard and decided by S.D.O. Bandki District Fatehpur.

(2.) BRIEFLY stated the facts of the case are that a lease for fishing purpose was initially granted on 7-8-1982 for ten years which subsequently stood extended for the next five years. The lease in question relates to Plot Nos. 493, 374/.040, 375/0.324, 469/Kha/0.423, 491/.220, 494 Kha/.105, 495/.081 and 497/0.671 total area 1.794 hectares situated in village Azampur Garwa, Pargana Koda, Tehsil Bindki, District Fatehpur in respect of which an application was moved by Pradhan of the concerned village whereby it was contended that the land in question has never been in a shape of 'pond'; that the some pit for agricultural purposes and trees were existing thereon; that the same had never been used for fishing purposes hence the prayer was made for striking of the name of Ram Kishore entered in Class 3. The said application being rejected by S.D.O. Bindki District Fatehpur, a revision was preferred before the Commissioner Allahabad Division, Allahabad which has been heard and decided vide impugned order by Additional Commissioner. It is against the Additional Commissioner's order that the present revision before the Board and the same is being heard by this Court.

(3.) THE learned Counsel for the revisionist mainly submitted that the order passed by the lower revisional Court was unjust, improper and illegal and without jurisdiction hence the same should be set aside.