C.L.VERMA, j. - (1.) THIS reference has been made by the learned Additional Commissioner, Jhansi by his order dated 30-3-96 passed in revision No. 39/118 of 91-92 recommending that the revision be allowed, the order of the trial Court dated 11-11-91 be set aside and the case be remanded back to it for fresh decision according to law.
(2.) I have heard the learned Counsel for the parties and perused the record. A perusal of the record reveals that the learned trial Court, did not deal with the present proceedings in a proper judicial manner. It also did not afford a proper opportunity to the revisionist of hearing. The learned Additional Commissioner after considering the material on record has found that the case should be remanded to the trial Court for fresh decision. He had recorded cogent reasons in support of his recommendation. I agree with him.
(3.) AGREEING with recommendation of the learned Additional Commissioner. I accept the reference, allow the revision, set aside the order dated 13-11-91 passed by the trial Court and remand the case to Collector Banda for decision afresh on merits according to law in the light of the observations made by the learned Additional Commissioner in his order of reference. Revision allowed;