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Allahabad High Court · body

1987 DIGILAW 917 (ALL)

Babulal v. Bisso

1987-09-11

P.SINGH

body1987
JUDGMENT P. Singh, Member - This reference has been made by the Additional Commissioner Agra Division Agra, vide his order dated June 10, 1985 for setting aside the trail court's order dated January 17, 1984 and for cancellation of leases granted to opposite parties. 2. It appears that the revisionists moved an application on July 20, 1983 under Section 198(4) for cancellation of leases granted to opposite parties in respect of plot No. 243, area 2.79 acre. These leases were sought to be cancelled on the ground that no list of eligible person was prepared nor agenda was circulated nor proclamation was done and as such the lease holders that they belonged to Scheduled caste and leases were validity granted to them. The trial court rejected the application for cancellation by order dated January 17, 1984. A revision was preferred by the applicant before the Additional Commissioner, who has made the recommendation aforesaid. 3. I have heard the learned counsels for the parties and have perused the record. 4. The learned Additional Commissioner has found that no proper proclamation was done and no plot number, area, the date and time of the meeting were announced, and as such the provisions of Rule 173 of U.P.Z.A. and L.R. Rules were not followed. The provisions of Rule 173 are mandatory and its non-compliance is fatal to the grant of lease. The objection filed on behalf of opposite parties is consequently of no avail. Accordingly, the reference is accepted, the order of the trial court dated January 17, 1984 is set aside, and the leases granted to opposite parties are cancelled.