RAM JANAM SINGH,J. - (1.) BALWANT Singh has preferred this revision under Section 333 of the UPZA and LR Act against the order dated 1-2-2001 passed by Additional Collector Etawah in a case under Section 198 (4) of the UPZA and LR Act.
(2.) I have heard the learned Counsel for the parties and gone through the records carefully. The pronouncement of the Hon'ble High Court which is published in RD 2005 page 137 in which the Hon'ble High Court has held that the Additional Collector had no power to initiate the proceedings under Section 198 (4) of the UPZA and LR Act. I agree with the contention of the learned Counsel for the revisionist and I am of the view that the proceedings under Section 198 (4) of the UPZA and LR Act were decided by the Additional Collector who was not empowered as has been held by the Hon'ble High Court. Without expressing any opinion on this point I am setting aside the order passed by the Court below and remand the case back to the Collector Auraiya to decide the case after affording opportunity of hearing to both the parties on merits as per the pronouncement of the Hon'ble High Court.
(3.) WITH this observation the revision is disposed of accordingly. Revision disposed of.;