LAWS(MPH)-1957-9-28

SUMANT PRASAD PANDE Vs. DURGA PRASAD

Decided On September 30, 1957
Sumant Prasad Pande Appellant
V/S
DURGA PRASAD Respondents

JUDGEMENT

(1.) THE dispute in this case relates to the allotment of certain Abadi site in village Kheda, tahsil Mungeli, district Bilaspur. The applicant's application to obtain that site was rejected by the Tahsildar on the main ground that the site being occupied was not available for allotment to the applicant. His order was upheld, in successive appeals, by the Sub -Divisional Officer, and the Deputy Commissioner.

(2.) THE orders of the lower authorities have been attacked in this revision petition on a number of grounds all of which need not be considered at this stage. One of the grounds, however, is that at no stage the applicant was given an opportunity to prove that the site was, in fact, vacant and could legally be allotted to him.

(3.) I am afraid, I cannot subscribe to the views of the non -applicant's Learned Counsel expressed above.