RAJDHAR Vs. BOARD OF REVENUE UTTAR PRADESH

JUDGEMENT

(1.) THIS writ petition arises out of petitioner's suit under section 198 (4) read with section 229-B of the UP ZA and LR Act. The lease in favour of the petitioner was cancelled through the order dated 16-11-71 contained in Annexure 'A' attached with the writ petition. In the suit the petitioner had challenged the cancellation of lease in his favour and had prayed for declaration of his right in the disputed land.

(2.) THE trial court through its order dated 19-9-1972 granted decree in favour of the petitioner. State of U. P. aggrieved by the order of the trial court preferred an appeal and the appeal was allowed by the Additional Commissioner, Jhansi Division, Jhansi through his judgment dated 2-12-1974 as is evident from Annexure A-2 attached with the writ petition. THEreafter the petitioner preferred a revision petition which has been dismissed by the revisional court through its order dated 30-6-1977. Against the judgment of the revisional court the petitioner has approached this court under Article 226 of the Constitution.

(3.) THE main grievence of the learned counsel for the petitioner before me is that the petitioner's case is covered by clause (e) of section 198 of the Act and the appellate court and the revisional court have patently erred in not recognising the claim of the petitioner.