BABADIN Vs. RAJA RAM

JUDGEMENT

(1.) This reference by Additional Commissioner's order dated 24-7-1992 dockets here to rescind the order of trial Court dated 13-2-1991 - an order dismissing an application under Sec. 198 (4), Z. A. Act.

(2.) The facts as per exposition in the pleading are : On 5-6-1989 Babadins motion under Sec. 198 (4), Z. A. Act in the Court of Collector, Allahabad. The pleading is that allotment of Sand in favour of Rajaram is highly irregular for various preferred reasons : that he has his trees planted by bis grand father : two Babul trees, four Neem trees, four Mahuwa trees, a bamboo-clump and an old house. The land is surrounded by an enclosure. His brother Hanuman lies hurried in the grave-over there. The land is not fit enough for cultivation. It is in his possession along with his nephews Behari Lal and Chandrapal Rajaram made an abortive attempt to seize the land thence he became aware of irregular allotment upon grounds that no list of eligible persons was prepared; no proclamation was issued; no agenda was circulated amongst members of Land Management Committee and no requisite permission of Sub-Divisional Officer had been obtained for validation. Indeed no action by Land Management Committee was validly gone through and Lekhpal has pretentiously prepared the documents to cause needless harassment. Also allottee is not a landless agricultural labour. The relief to cancel the lease is prayed for.

(3.) An affidavit in support of various allegations. Additional Collector, against the provision, calls for an inquiry report from tehsil. On 2-9-1989 Naib Tahsildar submits his precise opinion concerning this and that thing in issue; the report is endorsed and forwarded by Tahsildar on 27-9-1989.