HIRAWATI Vs. SATYA NARAIN

JUDGEMENT

(1.) This is a reference made by the learned Additional Commissioner, Varanasi Division, Varanasi by his order dated 26.7.1997 passed in Revision No. 58 of 1997 arising out of proceedings under Sec. 198 (4) of the U.P.Z.A. & L.R. Act. By the referral order, the learned Additional Commissioner has recommended that the revision be allowed, the order dated 31.12.1996 passed by the learned trial court be set aside and the proceedings for cancellation of patta be quashed.

(2.) In brief, the facts of the case are that on 19.3.1994, Satya Narain moved an application for the cancellation of the allotment made in favour of Smt. Hirawati on 10.10.1967. The complainant alleged that the patta was farzi ; that the formalities concerning circulation of agenda, munadi and meeting had not been followed ; that the land belonged to his ancestors but during consolidation proceedings, their names were mistakingly omitted ; that he had instituted a suit for declaration of rights which is pending before the Sub-Divisional Officer ; and that the patta was liable to be cancelled. On issue of notice, Smt. Hirawati filed objection stating that the patta had been validly granted and that the proceedings were not maintainable. The learned Additional Collector by his order dated 31.12.1996 cancelled the allotment. Feeling aggrieved by this order, Smt. Hirawati filed a revision before the learned Additional Commissioner in which the instant reference has been made.

(3.) I have heard the learned counsel for the parties and have also perused the record.