PANCHU Vs. BRIJRA

JUDGEMENT

(1.) THIS is a reference dated 29-4-97, made by the learned Additional Commissioner, Gorakhpur Division, Gorakhpur in revision with his recommendation that the revision be allowed and the impugned order dated 3-12-92 be set aside.

(2.) BRIEFLY stated the facts of the case are that one Udaisi transferred the plots No. 170/314 kari, 196/55, 201/061, 223/725, 212/325 and 224/1-129 kari situate in village Sahabuddinpur, tahsil Mohammadabad, district Gorakhpur (now Mau), in favour of one Brijraj who 'is said to have obtained a sale permission for the said land on 13-11-84 from the Collector, Mau, under Section 157-Aof U. P. Z. A. & L. R. Act. The sons of Udaisi challenged the order dated 13-11-84 before the Collector, who after hearing the parties recall the order dated 13-11-84 vide the order dated 28- 5-85. Aggrieved by the aforesaid order, Brijraj moved an application before the Collector, Mau for recalling the order dated 28-5-85. After hearing the parties, the Collector, Mau passed an order dated 3-12-92 whereby the restoration application was allowed and restored the order dated 13-11-84. In between the said orders, it appears that the proceedings for cancellation of the sale deed were initiated in civil court, vide the order dated 31-3-89, whereby the sale deed in favour of Brijraj had been cancelled. In the meantime Brijraj transferred the said land to other persons belonging to backward community, though this sale deed, it is stated has also been cancelled by the Civil Court. Udaisi and Brijraj admittedly the members of the scheduled caste and they did not have land more than 3 1/8 acre. The order dated 3-12-92 was challenged before the Commissioner, Gorakhpur Division, in revision which has been heard and Decided, vide the order dated 29-4-97 whereby he made the reference for setting aside the order dated 3-12-92.

(3.) FROM perusal of the file it appears that both the sale deeds executed by Udaisi and Brijraj stand cancelled by the competent court the Civil Court; hence the permission for sale under Section 157-Aof U. P. Z. A. and L. R. Act, dated 13-11-84 becomes null and void, the learned Additional Commissioner while making reference and recommendation for setting aside the order dated 13-12-92 has narrated the entire facts of the case. Before passing the order dated 13-11-84, it was duty of the Collector to inquire as how much land the schedule caste members have more than the prescribed limit ; but nothing of the short has been done by the Collector, Mau. In the said circumstances, I agree with the recommendation made by the learned Additional Commissioner the same is accepted, the revision is allowed and the order dated 3-12-92 passed by the learned trial Court is set aside. Revision allowed. .