KAMTA PRASAD Vs. BEHARI

JUDGEMENT

(1.) THIS is a reference, dated 18-12-1990, made by the learned Additional Commissioner, Jhansi Division, Jhansi, in respect of the revision petition No. 43/86 of 1989-90 Jhansi Kamta Prasad v. Behari etc. , recommending that the revision petition be allowed, the order, dated 21-5-1990, passed by the learned trial Court be set-aside and the case be remanded for decision afresh on merits, according to law, in the light of the observations made by him.

(2.) BRIEFLY stated, the facts, giving rise to the instant reference are that on an application, made by the revisionist, proceedings under Section 198 (4) of the UPZA and LR Act (hereinafter referred to as the Act) were initiated against the allottees, concerned for cancellation of the lease, granted in their favour, on the ground of irregular allotment. It was alleged that since he being CHAMAR by caste, belonging to Scheduled Caste community, is in possession of the land, in dispute since before 30th June, 1975, he is entitled to the benefit of Section 122-B (4-F) of the Act. On notice, the opposite party contested the proceedings, denying the allegations and inter alia pleading that the revisionist has no concern with the land, in dispute and the allotment has been made validly. The learned teial Court, after completing the requisite formalities, vide its order, dated 21-5-1990, rejected the application of the revisionist and therefore, it is against this order that a revision has been preferred by the revisionist before the learned Additional Commissioner who has made this reference to the Board with his aforesaid recommendation.

(3.) IN view of the above, the reference, made by the learned Additional Commissioner is accepted, the revision petition is, accordingly, allowed, the impugned order, dated 21-5-1990 passed by the learned trial Court, is set-aside and the case is hereby, remanded to it for decision, afresh, on merits, according to law, after affording due and reasonable opportunity of being heard and adducing evidence, if any, to the parties, concerned, in the light of the observations, made by the learned Additional Commissioner in his referring order, dated 18-12-1990. Let records be returned forthwith, to the Courts concerned. Parties to appear before the Court, concerned on 28-2-2006. Reference accepted. .