C.L.VERMA, j. - (1.) THIS reference has been made by the learned Additional Commissioner, Jhansi by his order dated 5-12- 1998 passed in Revision No. 39/16 of 96/97 district Banda recommending that the revision be allowed; the orders dated 30-1-97 and 17-8-95 passed by the learned trial Court be set aside and the case be remanded back to it for fresh decision.
(2.) I have heard the learned Counsel for the parties and perused the record. The learned Additional Commissioner considered the entire facts and circumstances of the case and found that the learned trial Court has not dealt with the application under Section 229-D of the the U.P.Z.A. and L.R. Act in a proper judicial manner. He has given reasons in support of his recommendation with which I agree.
(3.) AGREEING therefore, with the recommendation of the learned Additional Commissioner, I accept the reference, allow the revision, set aside the orders dated 30-1-97 and 17-8-95 passed by the trial Court. The case is sent back to the trial Court for fresh decision of the application filed under Section 229-D of U.P.Z.A. and L.R. Act. However, in the meantime the parties are directed to maintain the status quo on the spot. Revision allowed;