LAL MAN Vs. STATE

JUDGEMENT

(1.) This revision has been preferred against the order of the Additional Commissioner, Meerut dated 18-12-1981 dismissing the revision against the order of the Additional Collector, Ghaziabad dated 5-6-1981 cancelling the leases executed in favour of the revisionist on the ground that the land is being used as cremation ground for the Harijans.

(2.) Heard the learned counsel for the parties. Perused the record.

(3.) The learned counsel for the revisionist argued that a portion of plot No. 157 has been allotted to the revisionist but the whole plot is recorded as Banjar and even to the consolidation operations this land was not set a part for shamshan and the entry of banjar was maintained. He further argued that the trial court agreed with the entry but it cancelled the patta on the basis of the report of the Tahsildar and the S.D.O. who reported that it was being used as shamshan by the Harijans. It is argued that this report is inadmissible and since the learned Additional Collector did not himself make any inspection on the spot no finding could be based on such report.