OM PRAKASH VERMA Vs. STATE

JUDGEMENT

(1.) This is a reference, dated 20.12.95, made by the learned Additional Commissioner, Kumaun Division, Nainital, recommending that the order, dated 9.9.92 passed by the learned trial court be set aside and the case be remanded to it for decision on merits, in accordance with law, after affording due and reasonable opportunity of hearing to the parties, concerned.

(2.) Brief and relevant facts of the case are that an application was moved by the revisionist on 25.4.91 for granting the lease of housing site before the S.D.O., Dharchura who recommended to D.M. Pithoragarh for the aforesaid lease of plot Nos. 4305 and 4306, admeasuring 6 muthi for housing site on 9.9.92. Aggrieved by this order, a revision was preferred in respect of which the instant reference has been made by the learned Additional Commissioner.

(3.) I have heard the learned counsel for the revisionist as well as the learned DGC(R) appearing for U.P. State and have all gone through the impugned orders of the learned Courts below.