KAMLA DEVI Vs. STATE

JUDGEMENT

(1.) THIS is a reference, dated 4-6-1993, made by the learned Additional Commissioner, Jhansi, Division, Jhansi, in respect of the revision petition No. 58/92 of 1990-91 Lalitpur, arising out of the judgment and order, dated 25-1-1991, passed by the learned trial Court, in proceedings under Section 198(4) of the UPZA and LR Act (hereinafter referred to as the Act), recommending to allow the revision petition, to set-aside the impugned order and to maintain the leases, in question granted to the revisionist.

(2.) BRIEFLY stated, the facts, giving rise to the instant reference, are that on the tehsil report, suo moto proceedings under Section 198 (4) of the Act for cancellation of the leases, granted to Smt. Kamla Devi etc. were initiated against them on the ground of irregular allotments. On notice, the allottees, concerned contested the proceedings, denying the allegations, while the case proceeded ex-parte against the Gaon Sabha, concerned. The learned trial Court, after completing the requisite formalities, cancelled the leases, in question and vested the land, in dispute in the Gaon Sabha, concerned, vide its order dated 25-1-1991 and therefore, it is against this order that the allottees, concerned went up in revision before the learned Additional Commissioner, who has made this reference to the Board with his aforesaid recommendation.

(3.) I have closely and carefully considered the submissions made by the learned Counsel for the revisionists as well as the learned DGC (R) and have also scanned the relevant record, on file. As a matter of fact, the proceedings, in question, are rather highly time-barred and the allottees, being freedom- fighters, were eligible for the grant of such allotment and therefore, on merits too, I am, in the facts and circumstances or the instant case as well as evidence on record, fully convinced that the recommendation, made by the learned Additional Commissioner, being quite logical and in order, very richly deserves acceptance, in toto.