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Allahabad High Court · body

1985 DIGILAW 339 (ALL)

Dhani Ram v. Mano

1985-03-21

PARMATMA SINGH

body1985
JUDGMENT Parmatma Singh, Member- This reference has been made by the Additional Commissioner, Agra, vide his order dated 21-3-1979 for setting aside the trial court's order dated 13-3-79. 2. None has appeared from either side but I have perused the record. 3. Dhani Ram moved an application under rule 115-P of the U.P.Z.A & L.R. Rules alleging that the allotment made by the Land Management Committee on 2-11-75 for a residential site was forged one and that neither agenda was circulated nor proclamation made, nor any resolution was passed and that the opposite parties had houses for their residence. The application was rejected by the trial court on the ground that all the persons were not made parties to the proceedings. The learned Additional Commissioner found that enquiry under Rule 115-P is to be done by the Collector and that if some persons were not made parties to the proceedings, they could have been arrayed as parties by the trial court. 4. I find that the recommendation of the learned Additional Commissioner has legal support. Rule 115-P reads as under : "115-P. (1) The Collector may, of his own motion or on the application of any person aggrieved by any order of allotment of land under rule 115-L or 115/M, proceed to make an enquiry in the manner given hereunder. (2) The allottee and Land Management Committee shall be necessary parties to all such cases. (3) The Collector on the application of any party or otherwise may pass suitable interim orders at any time before the final disposal of the case. (4) The Collector shall call upon all persons interested in the order of allotment to appear and present their case before him. It shall not be necessary to record evidence but the memo of the day to day inquiry shall be kept on record by the Collector. On making inquires, if he is satisfied that the allotment is irregular, he may cancel the allotment and thereupon the right, title and interest of the allottee and of every other person claiming through him in the land shall cease. (5) The order of the Collector under the preceding sub-rule shall be final." 5. From this, it is evident that the inquiry is to be done by the Collector himself and the persons in whose favour pattas were granted are to be given an opportunity of being heard. (5) The order of the Collector under the preceding sub-rule shall be final." 5. From this, it is evident that the inquiry is to be done by the Collector himself and the persons in whose favour pattas were granted are to be given an opportunity of being heard. In view of this, the recommendation of the learned Additional Commissioner is accepted, the order of the learned trial court dated 13-3-79 is set aside, and the case is sent back to the trial court for proceeding in accordance with law after impleading all the opposite parties who were not made parties to the proceedings, and thereafter to decide the matter expeditiously.