PARAS NATH Vs. MAHABIR PRASAD
LAWS(ALL)-2001-2-147
HIGH COURT OF ALLAHABAD
Decided on February 08,2001

PARAS NATH Appellant
VERSUS
MAHABIR PRASAD Respondents

JUDGEMENT

S.R.YADAV, j. - (1.) THIS is a refer­ence dated. 16-8-97 made by the Additional Commissioner, Faizabad Division, arising out of proceedings under Section 198 (4) of UPZA and LR Act heard and decided by the CRO, Faizabad on 6- 1 2-96.
(2.) HEARD the learned Counsel for the partie sand perused the relevant paperson file. The learned Counsel for the revisionist mainly submitted that by disal­lowing the substitulion application the trial Court committed gross illegality and irregularity as such the reference be ac­cepted as per recommendation made by the Additional Commissioner. In reply it is submitied that the revisionist was not an aggrieved person as such the revision filed by him was not maintainable and the reference made by the Additional Commissioner should be rejected.
(3.) AFTER hearing the learned Coun­sel for the parties and perusing the records, the relevant facts of the case are that two applications were moved for cancellation of leases under Section 198 (4) of UPZA and LR Act granted to the parties in respect of plot No. 620 area 0-1-2 situate at village Meethey Gaon, tehsil Bikapur, district Faizabad. The ap­plications were consolidated and notices were issued to the lease holders and during the course of hearing one Bhagauti Prasad died and applications were moved for substituting of the heirs of Bhagauti Prasad deceased in respect of which the order dated 11-12-96 was passed by the CRO, whereby the substitu­tion applications were rejected. Ag­grieved by that order a revision was filed before the Commissioner, Faizabad Division, wherein the aforesaid recom­mendation has been made by the learned Additional Commissioner to allow the revision and remand the matter to Collec­tor, Faizabad for decision afresh in accord­ance with law.;


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