UMA SHANKER PARASHAR Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Agarwal, J. By this petition under Article 226 of the Constitution of India, the petitioner challenges an order dated 7th October, 1985, passed by the Additional Collector (Admn.) Aligarh, in a revision petition whereby he purports to have allowed a revision petition preferred by the Gaon Sabha of (village Lampur under Section 122-B (4-A) of the U. P. Zamindari Abolition and Land Reforms Act and setting aside the order passed by the Sub-Divisional Magistrate, has remitted the matter back to him for fresh disposal.

(2.) COUNTER and rejoinder affidavits have been exchanged.

(3.) THE learned Sub-Divisional Magistrate discharged the notice issued to the petitioner by order dated 29th April, 1985, holding that the disputed land was situate within the territorial limits of the Municipal Board, Aligarh, and was abadi land over which the Gaon Sabha had no right. He also held that proceedings under Section 122-B of the U. P. Zamindari Abolition and Land Reforms Act are of a summary nature and a disputed question of title cannot be decided and the Gaon Sabha can seek its remedy in a competent Court.