MOHAN LAL Vs. BOARD OF REVENUE ALLD

JUDGEMENT

(1.) PARITOSH K. Mukherjee, J. Sri S. A. Shah, learned counsel for the petitioner and learned Standing counsel have made their submissions and prayed that the petition be disposed of finally. Accordingly, I proceed to dispose of the writ petition finally.

(2.) THIS petition is directed against an order passed by Board of Revenue on April 18, 1988 rejecting the reference made by Additional Commissioner, Allahabad on March 18, 1983.

(3.) A perusal of order of reference, dated March 18, 1983, passed by Additional Commissioner, Allahabad reveals that he had arrived at the following conclusion:- (i) The notice in ZA Form 49a is defective; as the same is not in accordance with the amended rules ; (ii) The land in dispute is not identifiable on the spot because this was left as surplus land contiguous to the abadi during consolidation proceedings ; (iii) Lekhpal had not made any measurement on the spot and has taken it for granted that petitioner has reconstructed his house by unlawfully occupying Gaon Sabha land ; (iv) Witnesses have deposed in favour of petitioner that the house is old one and it is not the land of Gaon Sabha.