ARUN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) -By means of the present writ petition, petitioner is challenging the order of the Collector dated 10.12.2007 passed in Revision No. 57/172, under Section 333/122B (4A) of U.P.Z.A. and L.R. Act (hereinafter referred to as "Act"), by which he has remanded back the matter to the Sub Divisional Magistrate, Jaunpur for passing fresh order after making the spot examination and examining the entire records in accordance to the law.

(2.) HEARD Sri Sankatha Rai, learned counsel for the petitioner, learned standing counsel appears on behalf of respondent Nos. 1 to 3 and Sri Anuj Kumar, learned counsel appears on behalf of respondent No. 4.

(3.) HAVING heard learned counsel for the parties, I do not find any error in the order of Collector, Jaunpur, which is based on the consideration of the entire facts and circumstances of the case. HAVING regard to the statement of Lekhpal, the entries in the revenue records, Collector has come to the conclusion that without making any spot inspection, Sub-Divisional Magistrate has passed the order and, accordingly, remanded back the matter to the Sub-Divisional Magistrate to pass fresh order after making spot inspection and examining the entire records. He further held that the revision has been filed after taking necessary permission and to the contrary no evidence has been adduced. The decision cited by learned counsel for the petitioner in the case of Smt. Tara Devi and another v. Awadh Narain and others (supra) is not applicable and is distinguishable on the facts of the case. On the facts of that case, this Court held that the remand was not justified.