Kasturi vs State of U.P.

Kasturi has filed this review petition against the order dated 2821994 passed by learned Single Member Sri Bhairon Prasad in reference No. 142 of 199293 Lalitpur.

I have heard the learned Counsel for the parties and have gone through the record of the case.

The petitioner was allotted a land in 1364 Fasli. The area was 2 acres and in 1383 Fasli was allotted some land measuring 1.25 decimals. The total land in the name of the petitioner was 18.16 acres including this allotment and subsequently Manju the mother of the petitioner died and she succeeded her mother and again after the death of her (Mama) maternal uncle Banshi she again succeeded some piece of land which was recorded in the name of Banshi (Mama). The land which was allotted to her mother Kasturi Devi is not the allottee rather she succeeded. The learned trial Court cancelled the subsequent allotment of 1.25 decimal and recorded that the remaining lease should be restored. If for one lease she was not eligible then she cannot be eligible for earlier allotment. Two different views cannot be expressed in case of one person.

Without expressing any opinion it is evident that this matter be remanded back to the Collector, Lalitpur to look into the matter personally and thoroughly so that justice could be done. With these observations the Bench is of the view that all the judgment passed by the Courts below including the judgment of the learned Single Member be recalled and the case be remanded back to the Collector concerned for fresh decisions. All the judgments passed in this case including the judgment passed by learned Single Member are hereby quashed and the case is remanded back to the Collector concerned for fresh decision as per the directions given in the earlier paragraph.

Revision allowed.