GOVIND SINGH Vs. A D M SULTANPUR

JUDGEMENT

(1.) P. C. Verma, J. This writ petition has been filed by the petitioner challenging the judgment and order dated 27-6-97 passed by the Additional Collector, Sul tanpur in revision No. 2/24-10-96 under Section 122-B (4-A) of UPZA and L. R. Act. This revision was filed against the judgment and order dated 27-5-94 passed by the Assistant Collector Kadipur in case No. 489 under Section 122-B of UPZA and L. R. Act.

(2.) - A notice under Form 49-A was given to the petitioner requiring him to vacate the land of Gata No. 1020/1 Rakba 0. 200 situate in village Oarva which was alleged to be the property of Gaon Sabha. Objection was filed in response to the aforesaid notice by the petitioner stating therein that a suit for declaration of title filed by the petitioner is pending before the 3rd Addl. Munsiff, Sultanpur, there fore, the petition be dropped till the decision in the title suit. Assistant Collec tor found the petitioner to be in un authorised possession of the land belong ing to the Gaon Sabha as the title was not decided in the civil suit, therefore, he passed the order for correction of khatauni deleting the name of the petitioner and recording the name of Gaon Sabha. Against this order the petitioner filed revision No. 2/24-10-96.

(3.) FOR the aforesaid reasons the judg ment and orders passed by the Additional Collector as well as Assistant Collector, contained in Annexure Nos. 1 and 2 suffer from patent error of law and are hereby set aside. It is open for the opposite parties to proceed afresh accordance with law.