RAM KHELAWAN Vs. STATE

JUDGEMENT

(1.) This is a reference, dated 27.12.89, made by the learned Additional Commissioner, Varanasi Division Varanasi in respect of a revision No. 10 of 82, with his recommendation that the order passed by the trial court on 7.6.82 be set aside and the case be remanded to the trial court for disposing off the case in accordance with the law, after hearing the learned counsel for the parties.

(2.) Brief and relevant facts of the case are that one Ram Khelawan and others moved an application under Sec. 198 of U.P.Z.A. & L.R. Act for cancellation of the lease executed, for abadi site. The trial court, by means of its order dated 7.6.82, has dismissed the aforesaid application, on the ground of wrong mentioning of the sections i.e. there has been mentioned under Sec. 198 of U.P. Z.A. & L.R. Act in place of under Rule 115-P of U.P.Z.A. & L.R. Rules. Aggrieved by this order, a revision was preferred. The learned Additional Commissioner, by means of his order dated 27.12,89, has made this reference with his recommendation that the order passed by the trial court be set aside' and the case be remanded to the trial court for decision afresh according to law.

(3.) Heard the learned counsel for the parties and have also gone through the relevant papers on file.