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1992 DIGILAW 878 (ALL)

Gama v. Phool Chand

1992-07-09

BHAIRO PRASAD

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JUDGMENT Bhairo Prasad, Member. - This reference has been made by the Additional commissioner, Varanasi Division, Varanasi vide his order dated 5-1-1988. 2. In brief the facts of the case are that a notice in Form 49-K under Section 122-B of U.P. Act No. 1 of 1951 was served on the revisionist on 27-7-1981 the opposite party challenged the notice but his objection was rejected, hence he filed the revision before before the Additional Commissioner who has recommended to accept and set aside order of the trial court dated 27-9-1982. No one is present in this court from either side. Perused the record. 3. The revisional power has been conferred to the Collector on 3rd June, 1981. In this case notice was issued and was served to the revisionist on 27-7-1981, therefore, the revisional jurisdiction was with the Collector at that time Hence this reference is not accepted and it should be returned to Collector to decide it on merit.