S.P.PANDEY, j. - (1.) THIS is a reference dated 28-2-1997 made by the learned Additional Commissioner, Jhansi Division, Jhansi with his recommendation that the revision petition be allowed and the order dated 7-2-1995 passed by the learned trial Court be set aside and the lease granted in favour of the opposite party, Rajdhar be called and the land in dispute be ordered to be recorded as pasture land. It has also been recommended that the learned trial Court be ordered to initiate proceedings for ejectment of the illegal occupant, Brindaban from the aforesaid land in dispute.
(2.) BRIEF and relevant facts of the case are that these proceedings for cancellation of the lease granted in favour of the opposite party Rajdhar were initiated suo moto. The learned trial Court after completing the requisite formalities found that the aforesaid lease granted in favour of the opposite party is liable to be maintained and as such the notice issued to the opposite party vide its order dated 7-2-1995 be discharged. Aggrieved by this order, the State of U.P. preferred a revision. The learned lower revisional Court by means of its order dated 28-2-1997 has made this reference with his aforesaid recommendation. I have heard the learned DGC (R) appearing for the State of U.P. as well as the learned Counsel for the revisionist and have also perused the record on file. For the revisionist it was submitted that the reference be accepted and the revision petition be allowed as per the aforesaid recommendation made by the learned Additional Commissioner. In reply, the learned Counsel for the opposite party urged that the relevant and material facts and evidence have not been properly considered by the learned Additional Commissioner; and that in these circumstances, this reference be rejected and the case be remanded to the learned Additional Commissioner for reconsideration of evidence on record.
(3.) I have closely and carefully examined the submissions made by the learned Counsel for the parties and the relevant records on file. A bare perusal of the record clearly reveals that the learned Additional Commissioner has properly analysed discussed and considered the relevant and material facts and circumstances as well as the evidence on record and has rightly recommended for setting aside the order passed by the learned trial Court as in the extract of Khatauni for 1397-1402-F, the land in dispute is recorded as cultivable Banjar (Ga-permanent pasture land) which is also recorded as other pasture land (reserved). In additional to this the grounds on which the learned Additional Commissioner has recommended for setting aside the aforesaid order passed by the learned trial Court are plausible and sound in law.;