Karta vs State of U.P.

Ram Janam Singh, Member.

The reference made by the learned Additional Commissioner, Meerut vide his order dated 291295 is not based on fact and law. The rights under Section 122B (4F) of the U.P.Z.A. and L.R. Act can be given only when proceedings under Section 122B of the Z. A. Act were initiated against the person concerned, who is claiming rights and were dropped.

Heard the learned Counsel for the parties and gone through the records carefully

The learned Counsel for the revisionist could not answer this point whether proceedings under Section 122B of the U.P.Z.A. and L.R. Act were initiated and dropped. Only the application under Section 229D of the Act which was moved by the revisionist was dismissed as not entertainable, but the remaining proceedings are still pending before the trial Court. Hence it is premature stage to make reference to the Board of Revenue by the learned Additional Commissioner, Meerut. The reference deserves to be dismissed with a direction that the learned trial Court will decide the proceedings pending before him within three months from the receipt of the records. The reference is disposed of accordingly.

Joint Registrar is directed to ensure that the records of the case reaches within one month to the trial Court.

Reference disposed of.