BHAJAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Gaurav Kakkar for the petitioner. The writ petition has been filed against the order of Additional Collector dated 30.9.2013 by which the preliminary objection raised by the petitioner regarding maintainability of the application under section 198(4) of UP Act No. 1 of 1951 has been rejected and the order of Additional Commissioner dated 9.6.2014 dismissing the revision of the petitioner against the aforesaid order.

(2.) ONE Hoti Lal Sharma, (respondents), filed an application for cancellation of patta dated 24.8.2012 granted to the petitioner. The petitioner has raised a preliminary objection in the application regarding maintainability of the application on the ground that Hoti Lal Sharma was not an aggrieved person and has no locus standi to file an application under section 198(4) of the Act. The Additional Collector has rejected the preliminary objection of the petitioner by the impugned order dated 30.9.2013 and held that a perusal of the application as well as the other materials it is proved that Hoti Lal Sharma has been in possession over the land in dispute for a long time in such circumstances, he can be treated as a person aggrieved and application filed by him is maintainable under section 198(4) of the Act. The petitioner challenged the aforesaid order in the revision which was dismissed by the Additional Commissioner by order dated 9.6.2014 holding that the impugned order was an interlocutory order and revision was not maintainable. Hence this writ petition has been filed.