B.P.NILRRTNA, j. - (1.) THIS reference has been made by the learned Additional Commissioner, Faizabad Division, by his order dated 11-9-98 passed in revision No. 890/Gonda recommending that the revision be allowed, the order of the trial Court be set aside and the case be remanded to it for fresh decision on merits after impleading L.M.C. as a party.
(2.) I have heard the learned counsel for the parties and perused the record. This reference arises out of proceedings under Section 198 (4) of the U.P.Z.A. and L.R. Act. Under Rule 178(2) of the U.P.Z.A. and L.R. Act L.M.C. ought to have been impleaded as a party to the proceedings. In the absence of L.M.C. The case could not proceed. In these circumstances the view taken by the learned Additional Commissioner is correct.
(3.) AGREEING with the recommendation of the learned Additional Commissioner I accept the reference, allow the revision, set aside the order dated 9-1-92 passed by the trial Court and remand the case to the Collector for fresh decision after impleading the L.M.C. as a party. Revision allowed;