JUDGEMENT
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(1.) BAL bir and others have preferred this revision against the judgment and order dated 30-6-98 passed by learned Additional Com missioner, Saharanpur in a case under Sec tion 198 (4) of the U. P. Z. A. and L. R. Act.
(2.) I have heared the learned Counsel for the parties and gone through the records carefully.
The land in question was allotted to 46 persons by the resolution dated 21-2-93. Balbir and others filed an application for cancellation of leases before the trial Court on the ground that the resolution dated 21-2-93 is against the provisions of law because no agenda and Munadi was done and there was no mention about the allotment of land ; neither the Khasra number nor the allotment of the land was mentioned in the agenda or Munadi. Z. A. Form 57 and Z. A. Form 58 were also not prepared and the allotment was made to the Members of the Land Management Committee and also to their kiths and kins. No permission under Section 28c of the U. P. Panchayat Raj Act was taken from the Collector before the land was allotted to the Members and their relatives. The learned trial Court has given a very elaborate and factual findings which have not been reversed by the findings given by the learned Additional Commissioner. No contrary facts have been mentioned in the findings of the learned Additional Com missioner, Saharanpur. If the illegal allot ments had been made they can be can celled after 20 years if the facts come to the notice of the revenue authorities. The mandatory provisions of law have also not been complied with. Despite all these ir regularities and illegalities, the learned Additional Commissioner has reversed the findings given by the learned trial Court which is well reasoned judgment.
In view of the above, revision is allowed, the judgment of the learned Ad ditional Commissioner dated 30-6-98 is set aside and the file is sent back to the trial Court with a direction that the land in question be allotted to the persons of Scheduled Caste and Scheduled Tribes community after preparing the Z. A. Form 57 and Z. A. Form 58 in accordance with law. Revision allowed. .;
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