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1985 DIGILAW 356 (ALL)

Dhan Prakash v. State

1985-03-27

KAUSHAL KISHORE

body1985
JUDGMENT Kaushal Kishore, Member - In this reference dated 1-9-1976, the learned Additional Commissioner, Meerut Division, Meerut has recommended that the order of the learned trial court dated 22-6-1976 and subsequent amended order dated 24-7-1976 allowing time to file a suit for declaration of title be set aside and the case be remanded to the learned trial court to proceed with the case and to order ejectment. 2. I have heard the learned counsel for the parties and have also perused the record. 3. The case relates to plot number 353/1 area 1 biswa which was allotted to the revisionist as house site vide LMC resolution dated 15-6-1974. But this plot was recorded as manure fits and the learned Additional Commissioner has opined that this allotment should be deemed no allotment and no bona fide question of title was involved. I am unable to agree with this view. Rule 115-P has been made particularly for the purpose of cancelling allotments which are irregular and a cancellation of allotment is necessary before the prima facie title of the revisionist can be denied. 4. It may be observed that in case of allotments by specific resolution of the LMC even though these could be cancelled for irregularity, it is not just bona fide question of title but a prima facie title involved. In consequence, no proceedings u/s 122-B of the Act were possible, it could be a case u/r 115-P only. Clearly, the learned trial could had no jurisdiction to proceed u/s 122-B of the U. P. Z. A. & L. R. Act and notice deserved to be withdrawn. 5. In view of the legal position discussed, I find the reference not acceptable the revision petition is allowed, the orders of the learned trial court dated 22-6-1976 are hereby set aside and the notice stands withdrawn.