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1992 DIGILAW 1081 (ALL)

Rajbir Singh v. State of Uttar Pradesh

1992-08-17

BHAIRO PRASAD

body1992
JUDGMENT Bhairo Prasad, Member. - This reference has been made by Additional Commissioner, Agra Division, Agra vide his recommendation dated 22-11-1991. 2. In the brief facts of the case are that the revisionist filed mutation application in the court of Upper Tahsildar Kon, District Aligarh. During the trial of that mutation application it was noticed that the resolution made by the Land Management Committee to allot the disputed land to the revisionist for industrial purpose was not approved by the Sub-Divisional Officer, hence a report was submitted to the Sub-Divisional Officer to approve the resolution of he Land management Committee dated 15-4-1993. The Sub-Divisional Officer vide his order dated 20-6-1991 held that the Land Management Committee adopted a resolution on 15-4-1983. The Pradhan of the village had issued the patta by his signature dated 1-7-1983. He also observed that more than 8 years has passed and the resolution of the Land Management Committee was not submitted for approval, therefore, he had not accept the recommendation of Tahsil and has rejected the approval of the resolution of the Land Management Committee dated 15-4-1983. Against this order of the sub-Divisional Officer revision was filed before the Additional Commissioner who has recommended that the Sub-Divisional Officer was bound to approve the resolution, therefore he submitted the reference with this recommendation that the resolution of the Land Management Committee dated 15-4-1983 be approved by the Board. 3. I have heard the learned counsel for the revisionist alone. NO one is present from the side of the Opposite parties. Perused the record. 4. The lease was executed by the Pradhan of the village admittedly without the approval of the resolution of the Land Management Committee dated 15-4-1983. Hence that lease is against the law, therefore, it cannot be revalidated by according approval. I also agree with the observation of the learned Sub-Divisional Officer that the resolution was not put up for approval for more than 8 years, therefore, there is no question of approving it now. The law provides that when the resolution is not approved by the Sub-Divisional Officer the Land Management Committee has still power the land and consider that this resolution is valid and genuine. 5. In these circumstances of the case. I do not find any force in the recommendation of the Additional Commissioner and accordingly reject it.