LAWS(ALL)-1997-1-158

PANTHU Vs. STATE OF U.P.

Decided On January 08, 1997
Panthu Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This revision by Panthu is against the order of Additional Commissioner dated 5-9-1995 who rejects a revision against the order of trial Court dated 24-1-1994 atemming out of a proceeding under Sec. 194 Z. A. and L. R. Act read with Rule 172 thereof.

(2.) The facts are : On 29-9-1993 a report Tehsil official that Ram Naresh has been allotted a fishing lease of Pond No. 916 area 7 biswas by order of Sub-Divisional Officer for 10 years on 13-3-1992 It's new khasra No. is 994. This continues entered in the name of Panthu as Asami : Verg 3. His term has expired and hence his name be expunged. Through successive endorsement the report to Sub-Divisional Officer for action at law under Rule 172 Z. A. Rule.

(3.) On 8-10-1993 Sub-Divisional Officer directs issue of a show cause notice to erst where allottee Panthu to show cause why his name should not be expunged because of extinction of his interest in lease. In this while allottee Ram Naresh joins with a prayer requesting name of Panthu be expunged and his own entered in because of fresh allotment on 13.3.1992. Panthu files an objection on 6-12-1993 saying a litigation in respect or land is going space in the Court of Munsif, Fathepur : Case No. 285/92 Panthu Vs. Ram Naresh, in that a stay order has been passed on 24-4-1993 directing parties to maintain status quo. Hence this Sec. at law be immediately terminated. On 24-4-1994 an application by Panthu to give him 20 days time to file evidence of litigation in Munsifs Court. Sub-Divisional Officer Sri Yogeshwar Ram Mishra is least amused by this. On 24-1-1994 he directs name of Panthu be expunged from records in verg 3.