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Judgment
6 paragraphs · 370 wordsS.N. Ravi, Member.
This revision has been directed against the order passed by Additional Commissioner Lalitpur in a Patta cancellation Suit No. 224/992000 on 1242002. By this order the learned Additional Collector has rejected the plea of res judicata raised by the revisionist on the ground that the earlier proceedings for Patta cancellation were on the ground that the allottee was not eligible for allotment whereas the present proceedings are on the ground that out of the three plots allotted to the revisionists there is no dispute regarding Plot Nos. 250 and 805. But so far as Plot No. 1351 is concerned since the area allotted to the revisionists is more than the Bandobasti area of the plot therefore, principle of resjudicata will not apply to this extent. From a perusal of the file it is evident that earlier also in the year 1993 the lease of the revisionist was cancelled by order dated 26393. Revision was filed before Commissioner Jhansi Division which was allowed and a reference was made to the Board bearing Reference No. 76 of 7475. The reference was also accepted by Hon''ble Member Sri. S.P. Pandey through the order dated 1181995 and lease was upheld. The order of Collector was quashed.
I have heard the learned Counsel for the revisionist.
The impugned order is silent on the point to the extent of excess area which has been allotted to the revisionist as compared to the Bandobasti area. The learned Additional Collector has not thrown any light on this though he has repeated this place more than once in the impugned order. Secondly; the impugned order is not final order rather it is an interlocutory order by which the preliminary objection of the revisionist has been partially allowed regarding the plea of resjudicata and fixed the case for objections. Revisionist will have an opportunity of raising objections. The trial Court will take into account the complete area of Plot No. 1351 as it is contained in the current revenue records and pass appropritate orders after giving full opportunity to the revisionist .
Accordingly the revision is disposed of and the case is remanded to the Collector Lalitpur for expeditious disposal.
Revision disposed of.