- (1.) N. S. Ravi, J. This revision has been filed by Ashok Kumar against the order dated 31-10-2003 passed by learned Colloector, Lalitpur in Case No. 266/2002-2003 under Section 198 (4) of the U. P. Z. A and L. R. Act.
(2.) PROCEEDINGS started on suo-motu action and notice was issued to show-cause as to why the allotment made by the Land Management Committee be not cancelled because the land in question was pasture and came within in the category of land defined under Section 132 of the U. P. Z. A. and L. R. Act. The revisionist contested the proceedings. The learned Collector Lalitpur cancelled the allotment and passed order that the land would vest in the Gaon Sabha. Against this order the present revision has been filed. I have heard the learned Counsel for the revisionist and seen the papers. Section 198 (9) of the U. P. Z. A. and L. R. Act which was substituted by U. P. Act No. XI of 2002 with effect from 20-7-2002 read as under: "where any person had been admitted to any land specified in Section 132 as a Sirdar or Bhumidhar with non-transfer rights at any time before the said date and such admission was made with the previous approval of the Assistant Collector incharge of the sub-division in respect of the permissible area mentioned in sub-section (3), then notwithstanding any thing contained in other provisions of this Act or in the terms and conditions of the allotment or lease under which such person was admitted to that land, the following consequences, shall with effect from the said date ensure, namely; (a) the allottee or lessee shall be deemed to be an Asami of such land and shall be deemed to be holding the same from year to year, and the allotment of lease of the land to the extent mentioned above shall be deemed to be irregular for the purposes of sub-section (4); (b) the proceeding, if any, pending on the said date before the Collector or any other Court or authority for the cancellation of the allotment of lease of such land shall abate.
(3.) IN view of the above, the order passed by the learned Collector, Lalitpur cannot be allowed to stand. Revision is allowed, the order dated 31-10-2003 is set aside and the case is remanded back to the Collector for fresh decision in the light of the provisions as contained in Section 198 (9) of the U. P. Z. A. and L. R. Act. Revision allowed. .;