JHAPSI Vs. DHANJU
LAWS(ALL)-2001-1-116
HIGH COURT OF ALLAHABAD
Decided on January 03,2001

Jhapsi Appellant
VERSUS
Dhanju Respondents

JUDGEMENT

S.R.YADAV, J. - (1.) THIS is a revision preferred against the order dated 12-2-2000 passed by the learned Addition­al Commissioner, Faizabad Division, Faizabad.
(2.) HEARD the learned Counsel for the parties and perused the relevant papers on file. The learned Counsel for the revisionists submitted that the land in dis­pute being the land under Section 132 of UPZA and LR Act as such on such land the benefit under Section 122-B (4-F) of UPZA and LR Act should not have been given to the opposite-parties, that the land in dispute was the public utility land reserved during the consolidation opera­tions and hence the land should not be settled with anybody. In reply it is submitted that the land in dispute was in possession of the opposite-parties, that the finding of facts recorded by the learned Additional Commissioner should not be interfered and that land was legally settled with the opposite-parties.
(3.) AFTER hearing the learned Counsel for the parties and perusing the relevant papers on file it appears that in respect of plot No. 510-g, area 0.493 hectare situate at village Maheshpur Mandap, Pargana Bidher, Tehsil Aalapur, District Ambed-kar Nagar. The report of Lekhpal was ob­tained by the SDO, Aalapur and agreeing with the same the said land was settled with the opposite-parties vide the order dated 21-10-95 against which a complaint was made and the SDO, Aalapur was directed to obtain a fresh report and to act accord­ingly in the matter. In response thereof report was obtained and submitted the same to ADM (F&R); by the order dated 5-2-99 the name of the opposite-party was struck of which stood challenged before the Commissioner, Faizabad Division and has been heard and decided by the im­pugned order dated 12-2-2000 passed by the learned Additional Commissioner.;


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