S.P.PANDEY - (1.) THIS is a ref­erence dated July 14, 1997 made by the learned Addl. Commissioner, Moradabad Division, Moradabad in respect of the revision No. 13 of 1996-97 Rampur with his recommendation that the judgment and decree dated July 4, 1996 passed by the learned trial Court be set aside.
(2.) BRIEF and relevant facts of the case are that the plaintiffs Noor Hasan and others instituted a suit under Section 229-13 of UPZA and LR Act for declaration over the disputed land as detailed in the first para of the plaint. No lease has been executed in respect of the aforesaid suit land in favour of them but their names are recorded in Class III as Asami in the Khutauni 1396 to 1401 since 13S6F. The learned trial Court decreed the aforesaid suit on July 4, 1996. Aggrieved by this order a revision was preferred. The learned Addl. Commissioner made this reference with his recommendation that the aforesaid order dated July 4, 1996 passed by the learned trial Court beset aside. I have heard the learned DGC (R) appearing for the U.P. State (Revisionist) and the learned Counsel for I he O.Ps. I have also perused the records on file. On close scrutiny of the records it is manifestly clear that the learned Addl. Commissioner has properly analysed discussed and con­sidered the relevant and material facts and circumstances of the instant case incorrect perspective of law and has rightly drawn the conclusion that the aforesaid order dated 4-7-96 passed by the learned trial Court is liable to be set aside as the dis­puted holding is land of public utility and the rights of bhumidhar with transferable right could not be conferred on them in the circumstances of the instant case.
(3.) HAVING closely examined the mat­ter in question I come to the conclusion that this reference is worthy of being ac­cepted and the revision deserve to be al lowed. To my mind the aforesaid order dated 14-7-97 passed by the learned Addl. Commissioner is quite sustainable well founded and wholly warranted in law. 1 see no force in the contentions raised by the learned Counsel for the OP.;