ANIL SWARUP,J. - (1.) THIS is a reference dated 19-1-1996 received in this Court from Addl. Commissioner.
(2.) A revision was filed in the Court of Additional Commissioner against the Tahsildar dated 29-6-1995 by the Gaon Sabha. Earlier, in a case before the trial Court under Section 186, Patta allotted to one Mamchand was cancelled and the land was vested in the Gaon Sabha. Against this order dated 13-8-1990, an application dated 19-12-1994 was moved to recall the previous order. The trial Court recalled the order dated 13-8-1990 on 29- 6-1995. A revision was filed against this order. I have gone through the reference made by the Additional Commissioner and the documents on the file. Order dated 13-8-1990 has been passed on the ground that Mamchand had left the village. This also explain why exparte proceedings were initiated against him. Apparently when Mamchand got to know of the order, though it was around four years hence, he filed the recall application. As he was not aware of the case and he was proceeded against ex-parte, the time limitation will not apply to him. The Tahsildar, in his order dated 29-6-1995 has given clear-cut reasons why he has recalled the order.
(3.) HENCE , the reference made by the Additional Commissioner is not accepted.;