2002 (1) TMI 1308

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....ct to the approval by the assistant collector, first class, in charge of the sub-division. Accordingly, the appellant submitted an application before the sub-divisional officer (in short 'SDO') for according approval for grant of lease by the gram sabha in respect to the aforesaid plot in its favour. The SDO, instead of granting approval to the proposed lease by the gram sabha, passed an order dated 4.2.1975 directing for mutation of the name of the appellant in the revenue record as lessee. The said order of the SDO. was challenged by means of a revision petition under Section 218 of the U.P. Land Revenue Act and the same was referred by the additional commissioner to the board of revenue. The board of revenue, after hearing the pa....

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....ppeal by way of special leave petition. 2. Learned counsel appearing for appellant urged that once the name of the appellant came to be recorded in the consolidation record and further chaks were to be carved out in the consolidation record during the consolidation proceedings, it was not open to the collector to pass an order for expunging the name of the appellant and substituting the name of respondent Nos. 6 to 18 and therefore, the impugned order of the collector was wholly illegal and without jurisdiction. We do not find any merit in the argument- It is not disputed that the land is vested in the gram sabha. It is also not disputed that no lease with the approval of the assistant collector has been executed by the gram sabha in favou....