RAJMANI Vs. JAISHREE

JUDGEMENT

(1.) THIS is a review application seeking the recall of my order dated 24 -1 -1998 whereby the refer ­ence was rejected and the revision was dismissed.

(2.) BRIEFLY stated the facts of the case are that the proceedings under Section 1 98 (4) of U.P.Z.A. and L.R, Act, were initiated upon an application moved by one Deo Narain and others for the cancellation of the lease executed in favour of Rajmani in respect of the plot Nu. 246/7 -10 -0, situate in village Manakpir Tohi, pergana Bhadohi, district Varanasi. On December 19, 1987 the learned trial Court cancelled the aforesaid lease. Aggrieved by this order a revision was preferred. The learned lower revisional Court by means of its order dated January 8, 1997 has made this reference with his recommendation that this reference be accepted and the aforesaid order dated December 19, 1987 passed by the trial Court be set aside. On 24 -1 -1998 the aforesaid reference was rejected, hence this review petition.

(3.) FOR the review petitioner it was contended that the lease in question was granted to the applicant after completing the requisite formalities in accordance with law, that no declaration can be made in the proceedings initiated under Section 198 (4) of U.P.Z.A. and L.R. Act, that the contesting/opposite -party should have filed a declaratory suit under Section 229 -B of U.P.Z.A. and L.R. Act, that the learned trial Court without summoning and perusing the allotment file cancelled the allotment made in favour of the review -petitioner on the ground of suspicion, that it should have examined the allotment file concerned and then to decide the matter in question in accord ­ance with law, that the learned Additional Commission has sent the reference in accordance with law and the same should have been accepted in view of the facts and circumstances of the instant case, that no objection has been filed with regard to this reference. In reply, the learned DGC (R) ap ­pearing for the Gaon Sabha and Stale of U.P. submitted that he has no objection to this reference.