ALGOO YADAV Vs. BOARD OF REVENUE ALLAHABAD

JUDGEMENT

(1.) HEARD learned counsel for the petitioner. Notice on behalf of Gaon Sabha has been received by Sri Manoj Kumar Yadav. I have also heard the learned Standing Counsel and have perused the records, especially the impugned order.

(2.) IT appears that an order was passed by the Chief Revenue Officer on 29.2.1996, whereby the class of the land in question, which had been reserved for manure pits during consolidation operations, was changed to one of Abadi under Class 6 (2). The land in question is plot no. 45 area 0.038 hectares. A revision filed against this order passed on 29.2.1996 has been allowed and the land in question has been directed to be recorded as manure pits. It therefore means that earlier entry has been restored.

(3.) THE Revisional Court has passed this order primarily on two grounds. First, that the record of the proceedings, wherein the order dated 29.2.1996 was passed, is not available and, therefore, the same is found to be doubtful. The second reason given is that the land in dispute was reserved for a public purpose and, therefore, was land within the meaning of section 132 of the U.P. Zamindari Abolition and Land Reforms Act and the Chief Revenue Officer had no jurisdiction to change the nature and class of this land.