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1978 DIGILAW 1166 (ALL)

Pyare v. Gaon Sabha

1978-11-28

H.N.AGARWAL

body1978
JUDGMENT H.N. Agarwal, Member. - This is a reference made by the learned Additional Commissioner, Allahabad Division, recommending that the revision filed by Pyare and Radhey Shyam against the order dated September 23, 1969 passed by the Tahsildar, Chhibramau in a case under Rule 115-C of the UPZA and LR Rules may be allowed, the impugned order set aside and the case remanded for decision afresh. 2. I have heard the learned counsel for the parties and have gone through the records. 3. It is observed that the notice in the Form 49-ka was issued to Punni and Pyare Lal which was returned with the report of the process server that Punni had died one and half years back. How a dead person could become alive to encroach upon the Gaon Sabha land defies knowledge. Undeterred by this fact, the learned Assistant Collector, First Class, has still passed a final order of ejectment against the deceased Punni. Again there is on record a lease granted by the Chairman, Land Management Committee on July 2, 1963 in respect of the very plot for which the Lekhpal has made the report. This lease has not even been considered by the learned Tahsildar. Even the notice in ZA Form 49-ka issued to the revisionist is very defective. It neither mentions the plot number or any other detail of the land in question nor does it state the cause of action, i.e., the nature of encroachment. The notice is merely on a printed form in which many blend spaces have been left unfilled. The final order of the learned Tahsildar is a travesty of justice. It is merely an printed order in which some blanks have been filled in writing, which neither gives facts of the case nor any reason for the order. 4. The entire proceedings constitute gross irregularities in the exercise of jurisdiction by the learned Tahsildar. In view of the lease granted by the Land Management Committee the proceedings have caused unnecessary and illegal harassment of the revisionist. I hereby allow the revision and set aside the impugned order.