C.L.VERMA, j. - (1.) THESE are forty one (41) references made by the learned Additional Commissioner, Jhansi by his order dated 11-2-1997 recommend­ing that the revisions filed by Adanku and others be allowed the orders 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 parlies 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 given 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 Additional Commissioner. The learned Additional Commissioner sc. utinised 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 proceeding. The report of the Lekhpal or of Naib Tahsildar 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 evidence and of being heard.
(3.) AFTER having considered the matter carefully I am inclined to agree with the view expressed by the learned Additional Commissioner and found that the recom­mendation 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.;