B.P.NILARATNA - (1.) THIS Revision has been filed by Ram Singh and others against the order of Additional Commissioner Agra Division, Agra dated 29-4-1993 passed in Revision No. 4/1990-91 District Aligarh arising out of the order dated 22-7-1991 passed in Case No. 79/1989 under Section 198(4) UP ZA & LR Act.
(2.) BRIEFLY stated the facts of the case are that Ram Singh and others filed case under Section 198(4) UP ZA and LR Act in the Court of Addl. Collector Aligarh for cancellation of allotment made in favour of Gopali. The Addl. Collector Aligarh rejected the suit. A Revision was then filed which was heard and decided by Addl. Commissioner, Agra. The Addl. Commissioner also rejected the Revision vide order dated 29-4-1993. Aggrieved by this order, the instant Revision has been filed in this Court. Heard the learned Counsels for the parties and perused the records.
(3.) THE Counsel for the Revisionist submitted that the order of Addl. Commissioner Agra as well as Addl. Collector Agra are wrong as the same have been passed without proper appreciation of the evidence. It was stated that the land in dispute was being used as public way. The same cannot be allotted. However, it was wrongly got recorded as Banjar in revenue records during Consolidation Operations. The same land in dispute has been allotted by LMC in the name of Gopali. The Revisionists have not been given proper opportunities of hearing. The Revision has been dismissed on the ground that another Revision is pending in the Court of Addl. Commissioner, Agra regarding the same dispute. Finally it was prayed that the allotment in favour of Gopali be cancelled and the land be recorded as public way in the revenue records. On the other hand, the Counsel for the OP's submitted that the orders of Additional Commissioner and Addl. Collector are just and proper and the same be sustained.;