GIRDHARI LAL - (1.) THIS refer­ence has been received by the order of Additional Commissioner, Gorakhpur dated 13-5-1997 by which Additional Commissioner had recommended that the order of lower Court dated 29-9-1981 be set aside because no opportunity of hear-ing was given to the allot tees.
(2.) REVISIONIST 's Counsel is absent. Opposite-party's Counsel Sri Gyan Prakash, Advocate is present, The learned Counsel for the op­posite-party has argued that allotees is not a wholly disabled person and he is working as a Doctor in his village. He has also argued that the land in dispute is of public utility. He said that under Section 19 S (1)(b)of the UPZ And LR Act only a person residing in the circle who has become wholly disabled by an enemy action while in active service in the Armed Forces of the Union. According to him under the above provisions, the allot­tee is not a wholly disabled person having been disabled in active service.
(3.) I have considered the arguments and perused the records.;