VIMLA DEVI Vs. L.M.C.

JUDGEMENT

(1.) THIS is a revision filed by Bimla Devi against the judgment and order dated 15-2-1999 passed by Additional Collector (Ad­ministration) Agra in a suit No. 31, of 1997-98 under Rule 1 15-P of the U.P.Z.A. &L.R. Rules.

(2.) THE facts of the case are that allot­ment of Abadi site was made in favour of Bimla Devi wife of Vijay Singh resident of Dalel Nagar Mauza Rehman Kalan pergana and tehsil Etmadpur district Agra. One Ravindra Singh moved an application under Rule 115-P of U.P.Z.A. &L.R. Rule to cancel the allotment made in favour of Bimla Devi. A show-cause notice was is­sued and revisionist filed her objection, parties were given chance to lead their evidence. The trial Court vide his order dated 15-2-1999 cancelled the allotment made in favour of revisionist. Aggrieved by this order present revision has been filed.

(3.) IN the instant case Bimla Devi has filed her objection in the Court of Additional Collector on 6-2-1996 alleging therein that she has contributed in family planning programme and hence the allot­ment was made to her of 110 Sqr. Yards for housing site. She has also asserted that the allotment was made by Sub-Divisional Of­ficer, Etmadpur. This clearly indicates that allotment was made to the revisionist by Assistant Collector First Class Incharge of the Sub-Division under sub-section (4) of Section 122-C of the U.P.Z.A and L.R. Act. In such case of allotment the Collector may enquire under sub-section (6) of Sec­tion 122-C of Z.A. and L.R. Act. In that event the order of Collector is final in the sense that provisions of Sections 333 and 333-A of the Z.A. and L.R. Act shall not apply in relation thereto. Hence against the order of Additional Collector no revision is maintainable.