S.R.YADAV, j. - (1.) THIS revision has been filed against the order dated 22-1 -98 passed by the learned Additional Com­missioner, Faizabad Division, Faizabad arising out of proceedings under Section 143 of UPZA and LR Act in respect of plot No. 87M/1.453 situate in village Lodipur, Pargana Meeranpur, tahsil and District Sultanpur.
(2.) I have heard the learned Counsel for the parties and perused the relevant papers on file. The learned Counsel for the revisionist submitted that the order in question was not passed under Section 143 of UPZA and LR Act while it is an ad­ministrative order, that Smt. Kamala Devi had no locus standi to make obstructions from using the rasta and that the Courts below have illegally held the revisionists ap­plication under Section 143 of UPZA and LR Act, in which only bhumidhar with non trans­ferable rights can move the application for declaration, ignoring the contents of the same as such the revision be allowed and the orders of the Courts below be set aside. In reply the learned Counsel for the otherside submitted that the plot in ques­tion was allotted for the plantation pur­pose as such the same should not have been settled under Section 143 of UPZA and LR Act, that only recorded bhumidhars have right to move application under Section 143 of UPZA and LR Act and no other person whatsoever except the State on suo motu can move the application and hence the revision be dismissed.
(3.) AFTER hearing the above submis­sion of the parties and perusing the records it appears that on an application moved by Roop Narain and others, an enquiry was ordered by the SDO, Sultanpur, in respect of the plot No. 87M/1.453 situate in village Lodipur, Pargana Meeranpur, Tahsil and district Sultanpur; and in response thereof report dated 15-10-91 was submitted by the Naib Tahsildar concerned to SDO to the effect that the said plot was recorded as Banjar/Parti in the revenue records and was being used by the applicants as ap­proach road to their abadi sides. It was also reported therein that out of the said plot leases for plantation purposes were granted in favour of Smt. Kamala Devi, who happens to be daughter-in-law of the ex-Pradhan, Lalta Prasad. It was also reported therein that except some Babul standing over the disputed land rest of the, same is vacant while Smt. Kamala Devi pleads that she had planted trees over the disputed land. After considering the fac­tual report of Naib lahsildar concerned, the SDO, Sadar, passed an order dated 23-11-91 whereby the disputed plot was recorded as public/wr/z which stood chal­lenge, vide the appeal No. 4 filed before the Addl. Collector, Sultanpur and the same has been heard and decided vide the order dated 20-2-93 whereby the order passed by the SDO, Sadar, on 23-11-91 has been quashed and the land in dispute stood recorded as Banjar and Parti as it was before the order dated 23-11-91. Ag­grieved by the above order two revisions were preferred before the learned Com­missioner, Faizabad Division, Faizabad they stood consolidated and decided by one order dated 22-1-98 passed by the learned Additional Commissioner, against which the second revision before the Board.;