AHMAD HASAN Vs. JAI PRAKASH

JUDGEMENT

(1.) This is a revision petition under Sec. 333 of the UPZA and LR Act (hereinafter referred to as the ) against the judgment/order dated 28.02.1995 passed by Sri M.S. Teotia, Additional Commissioner, Meerut Division Meerut in revision petition Nos. 33, 35 and 50 of 1993-94, thereby confirming the order dated 9.6.1994 passed by the SDO, Nakur and also order dated 20.12.1994 passed in respect of the lease of fisheries rights relating to the village Islam Nagar, pargana and tehsil Nakur district Saharanpur.

(2.) According to the revisionist, he is entitled to renewal and the court below committed grave illegality in not renewing the lease of the revisionist. It is said that the SDO granted his approval for renewal on 13.4.1994 and he held no jurisdiction to review or recall his approval subsequently and that the order dated 09.06.1994 refusing to renew and the subsequent settlement of the lease in favour of the opposite party Nos. 1 to 4 is without jurisdiction. It is further said that the learned Additional Commissioner has not considered the case on merits and has prayed by the revisionist to allow the revision and set aside the impugned order/judgment dated 23.02.1995 passed by the learned Additional Commissioner and also the resolution and order dated 20.12.1994 and 09.06.1994 passed by the SDO.

(3.) I have heard the learned counsel for the parties and perused the record of the case. The order dated 20.12.1994 passed by the SDO Nakur shows that he has approved the proposal put forth before him. The learned Additional Commissioner in his finding dated 28.02.1995 has observed that the learned SDO, Nakur has rejected the application for renewal also along with the approval of the proposal. He has found the resolution to be regular and the order passed by the SDO was also found within his jurisdiction. The Order passed by the SDO is an administrative order and no revision should have been accepted against it. I fully agree with the views of learned Additional Commissioner that the SDO was competent to pass order in question and there is no question of exceeding jurisdiction. I don't see any illegality in the order passed by the SDO Nakur.