C.L.VERMA, j. - (1.) THESE are forty four (44) references made by the learned Additional Commissioner, Jhansi by his order dated 20-3-1997 recommend­ing that the revisions filed by Halkey and others be allowed, the order of the trial Court passed on different dates be set aside and the cases be remanded back to it for fresh decision on merits according to law after affording the parties an oppor­tunity of adducing evidence and of being heard.
(2.) I have heard the learned counsel for the parties and perused the record. From a perusal of the record, it is evident that the proceedings started on the reports of the Lekhpal which were sub­mitted by S.K./N.T. with the recommenda­tion that the names of the recorded per­sons be expugned. The trial Court did not issue any notice and did not give any op­portunity of adducing evidence or of being heard to the affected persons. It approved the reports. The order passed by the trial Court was given effect to in revenue records. Feeling aggrieved by the orders of the trial Court the present revisionists filed revisions before the learned Commis­sioner. The learned Additional Commis­sioner scrutinised the record closely and found that the revisionist's names were recorded in revenue records as Asamis. The learned Additional Commissioner has rightly observed that it was necessary to afford opportunity of filing evidence and of being heard, before passing any order against the recorded persons. The one word order passed by the learned trial Court could not be regarded to be a proper judgment in the eyes of law in a judicial proceedings. The report of the Lakhpal or of Naib lahsildar could not be made the basis of the judgment, the learned trial Court has erred in law in passing the im­pugned orders. The learned Additional Commissioner has rightly observed that the approach opted by the learned trial Court was faulty and unlawful and cannot be sustained in law. He has rightly recom­mended that the cases be remanded to the trial Court for fresh decision on merits according to law, after giving all concern full and proper opportunity of adducing evidenceol'being heard.
(3.) AFTER having considered the matter carefully. I am inclined to agree with the view expressed by the learned Additional' Commissioner and find that the recom­mendation made by him is fair and reasonable. Agreeing with the recommen­dation of the learned Additional Commis­sioner. I accept the references, allow the revisions set aside the orders of the trial Court and remand the cases to it for fresh decision in the light of the observations made by the learned Additional Commis­sioner. This order will govern reference No. 90 to 133 of 1997-98/district Hamirpur. Reference accepted;