S.R.YADAV, J. - (1.) THIS is a revision against the order, dated 18-12-95 passed by the Additional Commissioner, Bareilly Division, Bareilly whereby the direction has been sought to be made that the order dated 19-7-95 passed by the tahsildar be upheld.
(2.) I have heard the learned Counsel for the parties at length and have perused the relevant papers on file. The learned GC (R) appearing on behalf of State/revisionist has mainly submitted that the order of the tahsildar was perfect and justified, that the Additional Commissioner quashing the same had committed illegality apparent and that the land in dispute was abandoned as such the same should be vested in the Gaon Sabha. In reply, it is submitted that the lower revisional Court had rightly dealt with the matter, that the tahsildar's order suffers from illegality and apparent error as such it had rightly been quashed. He also attracted my attention towards the order passed by the learned Additional Commissioner, the above provisions have been quoted and further submitted that the order of revisional Court is just, legal and free from any irregularity as such, the same should be maintained.
(3.) AFTER hearing to the learned Counsel for the parties and perusing the relevant papers on file the matter in brief is that the Plot No. 41-M/0.215 and the Plot No. 155-M/0.114 hectare, situate in village Pipariyaganesh, Tehsil Baheri, District Bareilly which appear to have been allotted to Phoolwati and Somwati of the same village in respect of which a report dated 4-2-94 was submitted by Lekhpal whereby the said land was reported to have been abandoned by the said allottee. On the receipt of the report of Lekhpal the notices were issued by the tahsildar Baheri, District Bareilly, which was reported back with the report that the allottees were missing from the village as such, the proceedings to declare the land as abandoned started and an ex parte, order dated 20-10-94 was passed treating the land as an abandoned one. On the knowledge of the order a restoration application was filed against that ex parte, order by Somwati which was allotted on 7-3-95. After concluding the evidence, the order dated 19-7-95 was finally whereby the land was declared as abandoned one against which the aggrieved parties filed revision before the Commissioner, Bareilly which has been heard and decided vide the order dated 18-12-95. It is against that order the present revision has been filed and is being heard by this Court.;