KISHORI SHARAN Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS revision has been filed against the order passed by Additional Collector Lalitpur dated 31-3-93 in suit No. 86/91-92 under Section 198(4) of the U.P.Z.A. and L.R. Act.

(2.) BY the impugned order patta of Sundar Lal father of the revisionist was cancelled on the ground that Sundar Lal was not resident of circle Jaraya and that he was having sufficient land in his name at the time of said allotment, therefore, was not eligible for grant of patta. Parwana Amaldaramad of this order was issued after lapse of more than six years on 7-8-99. The revisionist has challenged the impugned order on two counts; one that the Additional Collector was not competent to pass any order under Section 198(4) of the U.P.Z.A. and L.R. Act and second the order was passed behind the back of the pattedar without giving any opportunity of hearing.

(3.) FROM the impugned order it is evident that originally the patta was cancelled on 7-6-82 against which a revision was filed before the Divisional Commissioner which was dismissed but again revision by the Board of Revenue was allowed on the ground that notice was not signed by the Collector and the case was remanded back by order dated 20-10-87. Subsequently fresh notice was issued which is undated but on the back of the notice process server has recorded on 26-3-92 that pattedar Sundar Lal has died about ten months before and that Kishori Sharan is his legal heir. Kishori Sharan filed objections on 4-6-92, raising preliminary objection that the notice is time barred. This objection was over-ruled by order dated 20-8-92 and thereafter the impugned order was passed which reveals that the order was passed ex parte. The revisionist has stated on oath that he could not know about the order passed as the same was passed behind his back and he came to know about this order only after it was incorporated in the khatauni on 7-8-99 and thereafter he has filed this instant revision and no delay has been caused in filing the revision.