M/S. SUACHIN STATE PVT. LTD. Vs. STATE

JUDGEMENT

(1.) This revision has been preferred by M/s. Suachin State Pvt. Ltd. through its Director, Sri Achintam Shukla, resident of 51, Yusuf Sarai, New Delhi against the order dated 21.8.1997 passed by S.D.O. Dehradun.

(2.) Heard the learned counsel for the parties and perused the record carefully.

(3.) The learned counsel for the revisionist has argued that the learned trial court did not afford opportunity of being heard to the revisionist and has passed the order without hearing the revisionist. The order of the learned trial court is based on the report of the Tahsildar, Dehradun and on the basis of that report, the learned trial court has held that the revisionist has violated Sec. 154 of the Z. A. & L. R. Act by which nobody can possess more than 121/2 acres of land and if in any case it exceeds 121/2 acres of land, such excess land will vest in State. The learned trial court in his judgment dated 21.8.97, has vested the land in State of U. P. and no opportunity of hearing was afforded to the revisionist. The Judgment of the learned trial court clearly shows that no notice was given to the revisionist before passing the order in question. I, therefore, without giving any opinion on merit feel that this case deserves remand.