- (1.) S. R. Yadav, Member This revision is directed against the order dated 26-3-99 passed by the learned Additional Commis sioner, Gorakhpur Division, Gorakhpur in a lease cancellation proceedings initiated on the complaint of Dabadhi S/o Ramal R/o village Ismailpur Gouriya, tappa Akbarpur, pergana and tahsil Sagari, district Azamgarh in respect of the plot Nos. 203and204situate in the aforesaid village.
(2.) HEARD the learned Counsel for the revisionist on the point of admission and perused the relevant papers on file. The learned Counsel for the revisionist mainly submitted that the revisionist was in possession over the land in dispute in the capacity of Grove-holder because the old trees were standing over the same which were pleaded planted before the abolition of the zamindari; it was further pleaded that by dismissing the proceeding the Courts below acted illegal ly and arbitrarily as such, the revision should be admitted and the matter be ex amined thoroughly. After hearing the learned Counsel for the revisionist and perusing the record it is crystal clear that in respect of the aforesaid plots the lease cancellation proceedings were heard and Decided, vide the order dated 29-6-99 passed by the CRO whereby it has been held that the revisionists never opted for declaration of rights in accordance with the provisions Laid down for the same. It has also been upheld that the village where the land in dispute is situate has passed through the consolidation operations and the matter was cinched during the consolidation operation where the revisionists could not succeed for getting the right over the dis puted land. The above said finding recorded by the learned trial Court is well discussed and well reasoned. So far as the allotment of lease over such land, as the disputed land is, is concerned, there has been authorities that non-vacant land may be allotted and the same should be got vacated in accordance with the provisions Laid down for the same. It has also been held that the revisionists were not in pos session over the disputed land prior to abolition of zamindari.
(3.) IN the said circumstances, I am of the view that the points involved in the matter have been categorically assessed, analysed, discussed and a clear-cut opinion free from illegality and ir regularity has been formed by the learned Courts below ; hence their observations nothing is to be seen further. IN the circumstances I do not find it a fit case for admission as such, the submis sions made by the Counsel for the revisionists have no force and the same cannot be accepted. In the result, the instant revision has got no force and is hereby dismissed summarily. Revision dismissed. .;