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1992 DIGILAW 863 (ALL)

Ramesh Kumar v. Gaon Sabha

1992-07-07

BHAIRO PRASAD

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JUDGMENT Bhairo Prasad, Member. - This reference has been made by the Additional Commissioner, Varanasi Division, Varanasi vide his recommendation dated 9.10.187 in a proceeding under Section 122-B(2) of U.P. Act NO. 1 of 1951. 2. Brief facts of the case are that notice in form 49K was sent to Lallan. During the proceeding he died and in his place his sons were substituted. They were ordered by the trial court to be rejected from the disputed plot no. 712 area 2 biswas of village Maretha. Pergana Haveli, Tahsil Chunar, District Mirzapur and Rs. 480/- was imposed as damages. The revision was filed against that order before the Additional Commissioner who recommended that since no notice was given to the revisionist, therefore, they cannot be imposed upon him. Against this recommendation of the Additional Commissioner no objection has been filed. 3. Notices were issued but nobody has appeared. 4. I agree with the recommendation of the Additional Commissioner and accept the reference and set aside the order of the trial court dated 11.7.1983 and remand the case for decision afresh in accordance with law.