NAUBAHAR Vs. STATE

JUDGEMENT

(1.) This is a reference dated 15.11.96, made by the learned Additional Commissioner, Moradabad Division, Moradabad, in respect of a Revision No. 32 of 1995-96, with his recommendation that the reference be accepted and the revision be allowed and the order dated 9.6.1995 passed by the learned trial court, be set aside and the lease granted in favour of the revisionist, be maintained.

(2.) Brief and relevant facts of the case are that on tehsil report, the proceedings for cancellation of the lease, granted in favour of the revisionist's father Nanhuwa was initiated under Sec. 198 (4) of U.P.Z.A. and L.R. Act on various grounds of irregularities in the aforesaid allotment. The learned trial court, by means of its order dated 9.6.95, cancelled the aforesaid allotment and has also ordered the disputed land to be vested in the Gaon Sabha, concerned. Aggrieved by this order, a revision was preferred. The learned Additional Commissioner has made this reference, recommending that the aforesaid order, dated 9.6.95, passed by the learned trial court, be set aside and the lease granted in favour of the revisionist be maintained.

(3.) I have heard the learned counsel for the revisionist as well as the learned D.G.C.(R) and have gone through the relevant papers, on file.