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Judgment
7 paragraphs · 365 wordsN.S. Ravi, Member.
This revision has been filed against the order passed by learned Additional Commissioner, II, Jhansi Division on March 21, 1996 in Revision N. 49/8 of 94/95 arising out of the order passed by Additional Collector, Jhansi on 2421995 under Section 198(4) of the U.P.Z.A. and L.R. Act.
The main contention of the revisionist is that the land in dispute was allotted to him in accordance with the rules, no notice of Patta cancellation was issued to him and the oppostie parties except the L.M.C. and State were not aggrieved party. He has also contended that the land in dispute is not covered by Section 132 of the U.P.Z.A. and L.R. Act.
Heard the learned Counsels for the parties and perused the records.
The land in dispute was allotted to the revisionist in the year 1989. Against his allotment a complaint was submitted to the Colloector complaining that the procedure for allotment laid down under rules was not followed in the instant case and that the land in dispute was wrongly allotted as the same was recorded as Nala for draining out the excess water and for irrigation purpose. A report was called for from tehsil which revealed that the land in dispute was recorded as Nala and during rains which remains submerged as the same is low lying as compared to other adjoining fields. It also revealed that even in consolidation operations the land was recorded as Nala. The revisionist was issued notice who appeared before the trial Court and put up his arguments. The learned Additional Collector in inquiry found that the procedure laid down for allotment of land by the L.M.C. was not followed in the instant case and on these two counts he cancelled the said allotment against which a revision was filed before the learned Additional Commissioner, Jhansi Division which was dismissed by the impuged order against which the instant revision has been filed before this Board.
Keeping in view the concurrent findings of fact recorded by both the courts below as well as the circumstances of the case the revision is devoid of any merit which is here by dismissed.
Revision dismissed.