LAWS(ALL)-2003-12-58

KARAN Vs. STATE OF U P

Decided On December 23, 2003
KARAN Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This is a revision filed against an interim order passed by Collector, Lalitpur in Patta Cancellation Suit No. 282 of 2002-03 under Section 198 (4) or the U. P. Z. A. and L. R. Act on 12-11-2003. By the impugned order the learned Collector has rejected preliminary objection of the revisionist that the action initiated for cancellation of Patta was highly time barred and the same should be dropped without going into any inquiry, by holding that the revisionist allottee can raise all legal and factual issues during the hearing of the case. The order passed by the learned Collector is interim order which does not bebar or prohibit the revisionist from raising objections on limitation as well as competence to hear the case by the trial Court. Therefore I see no illegality in the impugned order. The revision is devoid of any merit and it is dismissed at the admission stage itself, with a direction to trial Court to decide the case expeditiously in accordance with law after giving full opportunity to the revisionist. This order will also govern Revision No. 31 of 2003/04 District Lalitpur. Revision dismissed. .