High Courts(2003) 12 AHC CK 0092

Karan vs State of U.P.

Allahabad High Court · Decided on 23 December 2003

HON’BLE JUDGES
N.S.Ravi, J
RESULT
Dismissed
CASE NUMBER
Revision No. 30 of 2003-04

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Judgment

4 paragraphs · 187 words

N.S. Ravi, Member.

This is a revision filed against an interim order passed by Collector, Lalitpur in Patta Cancellation Suit No. 282 of 200203 under Section 198(4) or the U.P.Z.A. and L.R. Act on 12112003. By the impugned order the learned Collector has rejected preliminary objection of the revisionist that the action initiated for cancellation of Patta was highly time barred and the same should be dropped without going into any inquiry, by holding that the revisionist allottee can raise all legal and factual issues during the hearing of the case. The order passed by the learned Collector is interim order which does not bebar or prohibit the revisionist from raising objections on limitation as well as competence to hear the case by the trial Court. Therefore I see no illegality in the impugned order. The revision is devoid of any merit and it is dismissed at the admission stage itself, with a direction to trial Court to decide the case expeditiously in accordance with law after giving full opportunity to the revisionist.

This order will also govern Revision No. 31 of 2003/04 District Lalitpur.

Revision dismissed.