AYODHYA PRASAD Vs. GOAN SABHA

JUDGEMENT

(1.) This second appeal is filed by Ayodhya Prasad against the order of Additional Commissioner dated 10-5-1994 dismissing first appeal against trial Courts dated 30-9-1991-an order dismissing application of Tejwa under Sec. 161, Z. A. and L. R. Act.

(2.) The facts are : On 17-3-1982 Tejwa moves an application under Sec. 161, Z. A. Act in the court of Assistant Collector, First Class. He says he is Bhumidhar tenant in possession of land described in Schedule A : Khasra No. 41 area 2 biswas on the northern side. The land described in Schedule-B is Khasra No. 61 area 2 biswas vested in Gaon Sabha. As the land vested in Gaon Sabha is near his filed, he wants to install a tubewell over land of Schedule-B for irrigational purpose. He has moved to Sub-Divisional Officer who has directed that he can seek relief through exchange admissible under the Act. The relief to grant exchange of his land in Schedule-A with land of Schedule-B is prayed for.

(3.) While the application lay for processing Lekni Ram moves on 7-4-1982 saying applicant. Tejwas son Ayodhya Prasad is elected Pradhan of the village. The son Ayodhya Prasad is really pairokar on behalf of his father, an estensible applicant. The application is moved with an ulterior motive to seize Gaon Sabha Khasra No. 61 area 2 biswas. It is given out he is involved in a litigation for this land and suits are going apace in two courts. One in Collectorate, Fateh or and the other in civil court. As applicant's son is pradhan a resolution pretends to be of Gaon Sabha is passed. It is prayed be impleaded as a party. On 15-4-1982 applicant Tejwa files an opposition to impleadment motion. Applicant is given chance to adduce evidence. An inquiry report from Naib Tahsildar dated 30-7-1991 supports dismissal of petition od various grounds. Ayodhya Prasad files an objection against this report on 26-9-1989. On 30-9-1991 Sub-Divisional Officer B. R. Verma has dismissed the application. The appeal is dismissed on 10-5-1994. Consequently a second appeal.