STATE Vs. CHANDRIKA PRASAD

JUDGEMENT

(1.) THIS second appeal has been filed by D.G.C. (Revenue) on behalf of State of U.P. through Collector Kanpur and Gaon Sabha against the judgment and decree dated 4-8-1999 passed by the learned Additional Commissioner, Kanpur Division.

(2.) BRIEFLY the facts of the case are that Chandrika Prasad filed a suit under Section 161 of the UPZA and LR Act for exchange of land with the Gaon-Sabha land. The learned trial Court dismissed the suit on the ground that the circle rate of the lands in question have not been given by the Tahsildar nor any documentary evidence has been given in support thereof that the nature of the land in question for exchange of the same and the circle rate is 6.62. Aggrieved by this order an appeal was preferred before the Commissioner Kanpur which was allowed on 30-7-99 by the learned Additional Commissioner Kanpur by setting aside the order of the learned trial Court. Aggrieved by this order State has filed this second appeal.

(3.) THE learned Counsel for the State argued that circle rate of the plot in question for exchange i.e. plot No. 1801 is recorded as Navin Parti in the name of the Gaon-Sabha and plot No. 1947 area .982 hectare is the total area against the 0.051 hectare exchange is requested by the party.