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1980 DIGILAW 346 (ALL)

Nand Lal v. Gaon Sabha

1980-03-17

I.B.SINGH

body1980
JUDGMENT I.B. Singh, Member - These are two revision applications against order dated September 30, 1977 and September 29, 1977 respectively passed by Assistant Collector, Ist Class, district Pratapgarh in cases under Section 122-B of Act 1 of 1951 ordering ejectment and imposing damages. 2. I have heard the learned D.G.C. (R.) Faizabad alone regarding both revision applications as no objection was filed by any party. I have perused the record. This order shall govern both the revision applications. Its copy shall be placed on connected revision files. 3. The notice given in form 49-A in both the cases is defective. The area of the plot in question was much more than the area in dispute. Its boundary was not given and date of dispossession, village, Pargana and Tahsil of the land in dispute and basis of damages was also not given, therefore, the learned Commissioner, Faizabad Division by his order dated February 8, 1978 has recommended to set aside the order and to remand the case for fresh decision after proper required notices in form 49-A. 4. I accept the recommendation as the proceeding in both the cases vitiated for want of details in the notice in form 49-A mentioned above and the order of the trial court cannot be sustained. 5. Both the revision applications are allowed. The order in question in both the cases are set aside and the cases are remanded to the trial court for proceeding afresh after giving fresh required notices in Form 49-A and to decide the matter afresh according to law after affording the parties to adduce their evidence.