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1992 DIGILAW 1347 (ALL)

Raja Ram v. Kashi Ram

1992-09-30

BHAIRO PRASAD

body1992
JUDGMENT Bhairo Prasad, Member. - This revision has been filed under Section 333 of U.P. Act No. 1 of 1951 regarding a proceeding under Section 122-C/115-C of U.P. Z.A. and L.R. Act and Rules. 2. Opposite party moved an application that the roof of the hut has got prepared and he should be given permission to put another roof. This application was allowed by the trial court. The revision has been filed before the Additional Commissioner who has dismissed this revision by the order dated 10-07-1992. 3. The argument of the learned counsel for the revisionist has been heard on the point of admission. 4. It is admitted and there is also order of the Sub-Divisional Officer to prove that Kashi Ram is member of scheduled caste. However of which category the revisionist belong, it is not apparent on the basis of the record available in this revision. Whatever the position may be, one of the party belong to scheduled caste and their cases are definitely covered under Section 122-C of the Act. In that case the revisional power under Section 333 and 333-A has been barred by Sub-Section of that Section. Hence this revision is not maintainable. However the matter which is being adjudicated here can be adjudicated before the trial court by giving an application that the opposite parties are trying to construct new house over the land which are legally allotted to the revisionist. Revisionist will move the application before the trial court and the trial court is directed to visit the spot where the proceeding is lying as quickly as possible. However this revision is not maintainable and it is accordingly summarily rejected.