NANAK CHAND TRUST Vs. BHAGWATI PRASAD

JUDGEMENT

(1.) This is an appeal against the order dated May 12, 1956 passed by the Additional Commissioner, Meerut Division, Meerut, in proceedings under Sec. 6 of U.P. Urban Areas Zamindari Abolition and Land Reforms Act.

(2.) The contesting parties are the Nanak Chand Trust and Bhagwat Prasad. Bhagwat Prasad seems to have made an application to the Commissioner under Sec. 6 of the U.P., U.A.Z.A. and L.R. Act to the effect that, by accidental omission, the land in question had got demarcated as non-agricultural area, and the error may now be corrected and the land be ordered to be demarcated as agricultural area under Sec. 2(i)(d) of the U.P., U.A.Z.A. and L.R. Act. Vide his impugned order, the learned Additional Commissioner allowed Bhagwat Prasad's application. The Nanak Chand Trust has preferred this appeal against the Additional Commissioner's order.

(3.) I have heard the learned counsels for the parties and seen, the records of the case. The learned counsel for Bhagwat Prasad respondent has raised the preliminary objection that no appeal would lie against an order passed under Sec. 6 of the U.P., U.A. Zamindari Abolition and Land Reforms Act. The learned counsel for the appellant has replied that in the memorandum of appeal itself it has been requested that if no appeal lies, against the order in question, the memorandum may be treated as one of Revision. Accordingly, the appeal is being treated as a Revision, and decided as such.