- (1.) THIS is a preference made by the learned Additional Commissioner, Moradabad by his order dated 6-8- 97 passed in Revision No. 34/96-97 recommending that the revision filed by U. P. State be allowed, the order of the trial Court dated 26-6-96 be set aside and the plots in question be ordered to be recorded as being under the management of the Collector.
(2.) BRIEFLY, facts are that in proceedings under Section 229-B of the U. P. Z. A. and L. R. Act the trial Court passed an order decreeing the suit of the plaintiff declaring them to be Bhumidhars with transferable rights of the plots in qeustion. Feeling aggrieved by this order U. P. State filed a revision before the learned Additional Commissioner who has made the present reference before the Board. I have heard the learned Counsel for the parties and perused the record. From a perusal of the record it is obvious that the plots in question are recorded in Khatauni 1394-F as "bhumi SARKAR ZERE INTEZAM". The learned Additional Commissioner considered the facts and circumstances of the case in detail and expressed an opinion that no right should accrue to any person on the basis of adverse possession of Government land. The view expressed by the learned Additional Commissioner is in consonance with the provisions of law and I entirely agree with him.
(3.) AGREEING with the recommendation of the learned Additional Commissioner, I allow the revision, set aside the order of the trial Court dated 26-6-96 and direct that the land in question be recorded as "bhumi SARKAR ZERE INTEZAM". Revision allowed. .;