Kajoda vs Additional Collector, F and R and Others

D.K. Seth, J.—Against the order dated 14th July, 1986 passed u/s 122B of the U.P. Zamindari Abolition and Land Reforms Act, a revision was preferred. By an order dated 6th April, 1987, the said revision was rejected. It is against this order the present writ petition has been moved. Section 122B (4D) of the Act confers a right upon a party to file a suit in a court of competent Jurisdiction either against the order of Assistant Collector or the Collector. In view of Sub-section (4E), such suit can lie against the order of Collector, though the Petitioner was prohibited from filing suit against the order passed by the Assistant Collector, as soon he preferred the revision, u/s 122B (4A) of the Act. The question involved is a disputed question of title to the property. This court sitting in writ Jurisdiction cannot go into the questions of title which necessitates finding of fact. That apart, in view of the appropriate remedy available under Sub-section (4D), a writ petition is not maintainable. In that view of the matter, I am not inclined to interfere with the impugned order. Therefore, the present writ petition is dismissed.

There will be no order as to costs.

This order will not, however, prevent the Petitioner from filing suit u/s 122B (4D) of the U.P. Zamindari Abolition and Land Reforms Act, if he is so advised subject to application of the law prescribing limitation.

Let a copy of this order be given to the learned counsel for the Petitioner on payment of usual charges within a week.