(1.) This is a revision preferred by Ramesh Chand impleading Gaon Sabha Dhatra Khurd of district Aligarh and State of U.P. as opposite parties against the Judgement and order dated 5-7-84 passed by the Additional Collector Aligarh in revision No. 37 arising out of the Judgement and order dated 19-1-83 of Tahsildar Hathras passed in case no. 17 under Sec. 122-B of the U.P.Z.A. and L.R. Act ( Gaon Sabha Dhatra Khurd Vs. Ramesh Chand and others ).
(2.) The facts of the case in brief are that ejectment proceedings against the revisionist were initiated on the complaint made by the Gaon Sabha Dhatra Khurd Pargana Mursan, Tahsil Hathras district Aligarh in the court of Tahsildar Hathras. During the proceeding before the Tahsildar, an application was moved by the opposite-parties with the allegations that a suit under Sec. 229-B was pending about the land in question and therefore since the question of title is involved, the present proceedings of ejectment should be dropped. This request was turned down by the trial court under his order dated 26-3-79, against which a revision was preferred before the Commissioner Agra Division Agra being revision No. 74 of 1978-79 Ramesh Chand Vs. State of U.P., which was dismissed on 3-8-80. Now after completing the enquiry the proceedings were disposed of by the Tahsildar Hathras under his order dated 16-4-82 whereby the revisionist was held to have been in the unauthorised occupation of the Goan Sabha land comprising of khasra no. 42 Min, 43 Min and 44 Min of the village. The revisionist went in revision against the order before the Additional Collector Aligarh and this revision No. 70 of 82-83 ,was disposed of under his order dated 7-10-1982 setting aside the order of the Tahsildar dated 16-4-82 and remanding the case for decision afresh on merits. Finally the trial court of Tahsildar Hathras decided the proceedings under his order dated 19-1-83 whereby the ejectment proceedings have this time been dropped. The Gaon Sabha concerned feeling aggrieved of this order came in revision before the Additional Collector Aligarh. Against the order of the trial court and in disposal of this revision the Additional Collector has dismissed the same with the observations in addition to send back the matter to the S.D.O. for making fresh inquiry and taking suitable action in accordance with the observations made. It is against this order dated 5-7-84 that aggrieved Ramesh Chand has come to this court in the present revision.
(3.) I have heard the learned counsels for the parties and have gone through the record.