(1.) With the consent of learned counsels for the parties this writ petition is decided finally at this stage in view of the Second Proviso to Rule 2 of Chapter XXII of the Allahabad High Court Rules, 1952.
(2.) In the present writ petition, prayer has been made for issuance of writ of certiorari for quashing the order dated 27th November, 1998 (Annexure-5 to the writ petition) passed by the Collector, Varanasi and order dated 17th December, 1998 (Annexure-6 to the writ petition) passed by the Sub Divisional Officer (Uttari), Varanasi.
(3.) According to the petitioner, he had filed Suit No. 250 in the year 1981 under Section 229(B) read with Section 176 of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 (hereinafter in short called as the 'Z.A.& L.R. Act') against the respondent nos. 3 to 9 with regard to the agricultural plots situated in village Kaniyar, District Varanasi, the suit was decreed on 23.08.1989 by the Additional Sub Divisional Officer in favour of the petitioner, but the respondent nos. 7, 8 and 9 filed an application under Order 9 Rule 13 of Code of Civil Procedure for setting aside such exparte decree dated 23.8.1989 with prayer that the appeal be not proceeded with till the application is decided, however, the Additional Commissioner passed an order dated 21.04.1993, against which revision was admitted by the Board of Revenue on 19.05.1993. Subsequently, the Board of Revenue dismissed the revision on 13.07.1995 with an observation that the petitioner had got 'amal daramad' in the revenue records. Against the above order a Writ Petition No. 3287 of 1997 was preferred by Sri Sindhuja Pratap Singh, wherein interim order was granted on 29.01.1997. Subsequently, the District Magistrate/ Collector, Varanasi passed orders on 27.11.1998 and 17.12.1998.