TANTOO Vs. STATE

JUDGEMENT

(1.) This is a reference, dated 15-11-1990, made by the learned Additional Commissioner, Jhansi Division, Jhansi, in respect of the Revision Petition No. 22/68 of 1989- 90/Jhansi Tantoo v. State of U.P, recommending that the revision petition may be allowed, the order, dated 24-4-1989, passed by the learned trial Court in a case under Section 198(4) of the U.P.Z.A. and L.R. Act (hereinafter refereed to as the Act), may be set aside and the lease, in questions may be maintained.

(2.) THE facts of the case have already been narrated by the learned Additional Commissioner, in his referring order and therefore, no fruitful purpose would be served in its reiteration here. Supporting the recommendation, made by him, the bone of contention of the learned Counsel for the revisionist inter alia, in a nut-shell, is that the same, being quite logical and in order, may be accepted, in toto. The learned DGC (R) , in reply, urged that since the revisionist was not an eligible person for such allotment, the learned trial Court was perfectly justified in rendering the impugned order and therefore, the recommendation, made by the learned Additional Commissioner, very richly deserves rejection outright.

(3.) IN view of the above, the reference, made by the learned Additional Commissioner, is hereby rejected, the revision petition is accordingly dismissed and the impugned order passed by the learned trial Court, is hereby, confirmed and maintained. Let records be returned forthwith to the Courts concerned. Reference rejected.