M.M. Gopal, J. - (1.) This is a revision against the order dated 13. 2. 87 of the learned Additional Commissioner by which he dismissed the revision and upheld the order of the trial court dated 10-12-1985. The trial court ordered for expunging the name of Society and recording the name of Forest Department and State Government.
(2.) Heard the learned counsel and D.G.C. (R) and have also seen the relevant papers on the file.
(3.) The facts of the case are that a notice for taking action under Section 166 of U.P. Act I of 1951 was issued by A.D.M. by his order dated 4.1.85. to Tibbatan Nehru Memorial Society for expunging its name and recording the name of the State. It is alleged that under the provisions of and 166 of U.P. Act I of 1951 this transfer was not legal hence it should again vest in the name of the Forest Department or the State Government. An objection was filed on 16.4.85. In this objection it is stated that the land was given to Dokhan Tibbatan Society by Bhoodan Yagya Samiti by its Praman Patra dated 5-10-75. Since then committee was in possession. This was in respect of plot no. 742/1 area 32 acres in village Tauli. Then later on it was exchanged with the Forest Department with the plots no. 2353 area 26.85 acres and plot no. 2361 area 5.15 acres in Arketia Grant Village. Thus the village land of one village was exchanged with the land of another village and both the lands lie in the district of Dehradun. One proceeding was also initiated by Dokhan Tibbatan Society for mutating its name in place of Tibbatan Nehru Memorial Society. Both the applications were decided by this order. The learned S.D.O. by his order dated 10-12-85 ordered for expunging name of Tibbatan Nehru of Forest Department and State Government be recorded. The learned Additional Commissioner by his order dated 13. 2. 1987 upheld the order of the S.D.O. and dismissed the revision.;