RAKESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner in this writ petition has called upon the Court to answer the following question:

(2.) The brief facts giving rise to the above question would suffice the purpose.

(3.) Petitioner purchased the land in question vide sale deed dated 1.1.1988. It appears that the Naib Tehsildar submitted a report that the aforesaid sale deed is hit by Section 157-A of the Act. The report was accepted by the Assistant Collector First Class vide order dated 25.3.2010 and an order vesting the land in the Gaon Sabha was passed. The aforesaid order was challenged by the petitioner by means of an appeal before the Additional Commissioner - I, Chitrakoot Dham Division, Banda. The appeal has been allowed vide order dated 27.8.2010 and the matter has been remanded to the Collector for decision afresh. Petitioner moved application for modification of the above remand order contending that the competent authority to decide the matter is Assant Collector First Class and, therefore, the remand to the Collector is not proper and requires modification. The application has been rejected vide order dated 4.11.2011.