ABDUL AZIZ Vs. STATE

JUDGEMENT

(1.) THIS is a ref­erence, dated 11-3-1994, made by the learned Additional Commissioner, Moradabad Division, Moradabad with his recommendation that the order dated 28-1-1993 passed by the learned trial Court be set aside.

(2.) BRIEF and relevant facts of the case are that by means of the order dated 28-1-1993 the learned trial Court has ordered the disputed land to be vested in the Gaon Sabha concerned under Section 167, of U.P.Z.A. and L.R. Act. Aggrieved by this order a revision was preferred. The learned Additional Commissioner has made this reference for setting aside the aforesaid order dated 28-1-1993 passed by the learned trial Court.

(3.) FOR the revisionist it was submitted that the reference be accepted, the revision be allowed as per the aforesaid recommen­dation made by the learned Additional Commissioner. In support of his conten­tions he has cited the case law reported in 1973RD292. In reply, the learned DGC(R) ap­pearing for U.P. State urged that he has no objection to this reference