JAG LAL Vs. SHOBHA DEVI

JUDGEMENT

(1.) This revision petition has been filed by Jag Lal and four others against the order dated 16.9.1997 passed by the learned Additional Commissioner, Varanasi Division in Revision No. 120 of 1997, whereby he admitted the revision filed against the order dated 31.12.1996 passed by the learned Upper Collector, Bhadohi, in Case No. 308 under Sec. 157A of the U.P.Z.A. & L.R. Act in respect of plot No. 1822-Ka situate in village Godhana, Taluqa Kodh, Tahsil Gyanpur, district Bhadohi.

(2.) Briefly stated the facts giving rise to the instant revision petition are that Jag Lal and others sons of Chikhuri, residents of the village Sonaicha, Taluqa Kodh, Tahsil Gyanpur, district Bhadohi, who belonged to Scheduled Caste and were co-tenants to the extent of 1/9 share in plot No. 1323-Ka (area 10 bighas) situate in village Godhana moved an application on 20.9.1996 for permission to transfer their share in the aforesaid plot. They stated that the land lies at a distance of about 4 kms. from the place of their living, that they are not in a position to derive full agricultural benefits and advantage from the land, that they want to sell the land and purchase other land in the vicinity of their residence from the sale proceed. Affidavits were filed by all the five brothers separately, supporting the application. The learned Upper Collector Bhadohi called for the report of Tahsildar. The Naib Tahsildar in his report dated 7.12.1996 which was forwarded by the Tahsildar, stated that the applicants are residents of Sonaicha which is at a considerable distance from the residence of the applicants and that the land in question was not yielding proper profits to the applicants and recommended that the permission may be accorded. All the five applicants averred in their affidavits that they wanted to purchase some other land near their residence out of the sale proceed. The learned Upper Collector by his order dated 31.12.1996 permitted the applicants to transfer their share in the aforesaid plot on the condition that they would purchase other land within a period of one month. It was clearly mentioned in the order that in case of non-compliance of the order, the sale deed would become void. Feeling aggrieved by this order, Smt. Shobha Devi wife of Matuk Dhari Harijan moved an application on 11.2.1997 for recalling the order dated 31.12.1996. This application was opposed by Jag Lal and others. In Para 8 of the affidavit filed by Jag Lal on 19.12.98, it was clearly averred that they had sold their 1/9 share of plot No. 1323-Ka to Smt. Gyan Devi and others on 12.2.1997 and had purchased 1 bigha 13 biswas and 6-2/3 biswansis of land and consequently the provisions of Sec. 157A of the Act were not contravened. This averment remained uncontroverted. The learned Upper Collector by his order dated 19.4.1997, rejected the application of Smt. Shobha Devi. Revision Petition No. 120 of 1997 was filed on behalf of Smt. Shobha Devi against the order dated 31.12.1996. The learned Additional Commissioner passed an order that the revision Involved legal issues and be heard on merits. Feeling aggrieved by this order, Jag Lal and others have come up before the Board in revision.

(3.) I have heard the learned counsel for the revisionists and have perused the record. No one has appeared on behalf of the O.P. despite proper service.