Research › Browse › Judgment

Allahabad High Court · body

1992 DIGILAW 1325 (ALL)

Bechan v. L. M. C.

1992-09-28

BHAIRO PRASAD

body1992
JUDGMENT Bhairo Prasad, Member. - This revision has been filed under Section 333 of U.P. Act No. 1 of 1951 against the order of the Additional Commissioner Gorakhpur Division, Gorakhur dated 16-9-1992 passed in Revision No. 1925/58/N - 1990 confirming the order of the Sub-Divisional Officer, Sadar, district Maharajganj dated 11-6-1990. 2. In brief the facts of the case are that revisionist was allotted plot No. 516 area 2.34 of Village Rudalpur, Tahsil Mahrajganj, district Gorakhpur for pisciculture for a period of 10 years. The Sub-Divisional Officer cancelled the lease of the revisionist on 11-6-1990 on the ground that the allottee has breached the terms and condition of the lease. Revision was filed against that order. The learned Additional Commissioner has dismissed it on the ground that the disputed pokhri has been put to auction. Period of lease has also expired. Against this order this revision has been filed. 3. Heard the learned Counsel Sri. J.P. Gupta on the point of admission. 4. The order of the Sub-Divisional Officer shows that the lease was granted upto 22-5-1990. He cancelled the lease vide his order dated 11-6-1990. If the lease was expired there was no ground for the cancellation of the lease. In this court affidavit has been filed by the revisionist and the original lease deed has also been filed for my perusal. This shows that lease was granted for 10 years from 23-5-1986 to 22-5-1996, hence there is factual mistake apparent on the face of record. Beside this the allotment of the land was for purpose connected with purposes as defined by the Act, therefore, the allotment appears to be covered under Section 197 (2) of U.P. Act No. 1 of 1951 for the cancellation of that allotment is provided and authorised under Section 198 (4) of the Act only. 5. Hence there is important law point involved in this Revision. Revision is admitted. Operations of the orders of both the courts below shall remain stayed till further orders. Call for the records. Issue notice Fix in February 1993 session for final hearing.