BADRI Vs. ADDITIONAL COLLECTOR GHAZIPUR

JUDGEMENT

(1.) The order dated 5.5.1987 (Annexure-10 to the writ petition) passed by the Additional Collector, Ghazipur in Revision No. 83/140 has been assailed in the present writ petition.

(2.) Shri Sanjay Singh, learned counsel for the petitioner contends that by the said order, the revision which was preferred against the order passed by the Assistant Collector in a Proceedings being proceeding No. 306 under Section 122B, read with Rule 115C, of the U. P. Zamindari Abolition and Land Reforms Act and the rules framed thereunder was allowed and the matter was remanded for decision afresh by the Assistant Collector. According to him, the said order suffers from infirmity to the extent that the revislonal authority did not apply his mind and despite being sufficient material being placed before him had remanded the case without considering the materials.

(3.) Shri Upadhyaya, learned Standing Counsel on the other hand contends that against the decision of the Collector, the petitioner is entitled to file a suit under sub-section (4D) read with sub-section (4E) of Section 122B of the said Act. Since a suit is not prohibited against the order of Collector passed in revision by reason of sub-section (4E) of Section 122B of the said Act, therefore, on the ground of alternative remedy, this writ petition should be dismissed. He also contends that the Assistant Collector has not given sufficient reasons supporting his conclusions and findings and, therefore, the Collector had rightly remanded the case for decision afresh.