JANAB Vs. STATE OF U P

JUDGEMENT

(1.) This petition has been filed against the order passed by the Additional Collector/Additional District Magistrate (Finance and Revenue), Jyotiba Phule Nagar dated 21.3.2001 by which the allotment, as was made in favour of the petitioners for housing site, was cancelled and it was directed that the land will stand restored back in Gaon Sabha.

(2.) A preliminary objection has been raised on behalf of the Gaon Sabha by Sri Anuj Kumar who appeared on behalf of respondent No. 2 that the writ petition as has been filed by the petitioners should not be entertained as they have an alternative remedy to approach the revisional jurisdiction of the Addl. Commissioner/Board of Revenue.

(3.) Learned counsel for the petitioners having placed reliance on the provisions as contained in Section 122C, sub-clause (7) of U.P.Z.A. and L.R. Act (hereinafter referred to as the Act) argued that every order passed by the Assistant Collector under sub-section (4) shall subject to the provisions of subsection (6), shall be final and the provisions of Section 333 and Section 333A shall not apply thereto. The provisions of Section 122C of the Act is hereby quoted below :