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1992 DIGILAW 732 (ALL)

Akila Khan v. Tahir Hussain

1992-05-11

BHAIRO PRASAD

body1992
JUDGMENT Bhairo Prasad, Member. - This reference has been recommended under Section 333-A of U.P. Act No. 1 of 1951 by the Additional Commissioner Moradabad Division, Moradabad vide his recommendation dated 8.5.1990. 2. In the court of Sub-Divisional Officer, Tahsil Nazibabad, district Bijnor respondent Tahir Hussain filed application under Section 143 of U.P. Land Revenue Act with the prayed that plot No. 154 area 2.2.12 of village Jalalabad, Tahsil and Pergana Naziababad, district Bijnor there is abadi in 14 biswas area. This abadi was not demarcated by the trial court on this point. The report was submitted on prescribed proforma that 14 biswas area should be recorded as abadi as demarcated. The trial court by his order dated 28.4.1987 declared that area to be recorded as abadi. Revision was filed against this finding of trial court in the Court of Additional Commissioner under Section 333-A of U.P. Act No. 1 of 1951. The Additional Commissioner has recommended that the order of the trial court should be set aside and all the parties should be impleaded as party and after hearing them the proceeding should be decided afresh. 3. I have heard Sri Hari Shanker, Advocate, learned counsel for the opposite party. No one is present on behalf of the application. Perused the record. 4. The learned counsel for the O.P. contended that 14 biswas is already abadi and is also recorded in the khasra. The trial court after demarcating the area has declared the area to be recorded as abadi and there is no necessity to remand the case, which entry has already come into Khasra. The revisionist has not challenged that entry, till the declaration has been made by the Sub-Division Officer, therefore, there is ample evidence to prove that the area is abadi and the declaration made by the learned Sub-Divisional Officer need no review either under Section 333-A or under Section 333 of U.P. Act No. 1 of 1951. The order passed by the Sub-Divisional Officer is within the jurisdiction and he has properly exercised the jurisdiction and followed the procedure of recorded abadi. In these circumstances I do not agree with the recommendation of the Additional Commissioner, therefore, the reference is rejected.