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1985 DIGILAW 242 (ALL)

Ramkali Devi v. U. P. State

1985-02-22

KAUSHAL KISHORE

body1985
JUDGMENT Kaushal Kishore, Member. - In this reference dated 25-2-1976, the learned Additional Commissioner, Meerut Division, Meerut, has recommended that the proceedings under section 122-B of the U.P.Z.A. & L.R. Act in the trial court may be dropped. 2. None was present for the applicant but the learned DGC (R) was heard and the record perused. 3. The ground for recommendation is that the revisionist has produced a copy of the trial courts order in an earlier judgment dated 31-3-1971 in similar proceedings by which the notice under rule 115-C had been withdrawn. In the present case, the notice was issued for unauthorised occupation on 2 biswas 12 biswansis of plot number 266M from 1380F. The learned Additional Commissioner has failed to observe that the earlier order was passed in 1378F and related to the unauthorised occupation for the period earlier than 1378F. In the subsequently started proceedings the unauthorised occupation was from 1380F on wards. Therefore, the period of unauthorised occupation being different no res-judicata operates. 4. When the period of unauthorised occupation in the earlier and subsequent proceedings under section 122-B of the Act are distinctly different the subsequent proceedings are not barred by res-judicata. 5. In view of the above, the reference is not acceptable. There is no other point made out in favour of the revision. Accordingly, the revision petition is dismissed. The order of the learned trial court dated 21-12-1975 may be implemented without delay.