KRISHNA MURARI,J. - (1.) These writ petitions arise out of proceedings under Section 122-B of the U.P. Zamindari Abolition & Land Reforms Act, hereinafter referred to as the 'Act'.
(2.) A preliminary objection with respect to the maintainability of the writ petition has been raised by learned Standing Counsel. It has been urged that since the petitioners have an alternative remedy of filing suit under Section 122-B (4-D) of the Act as such the petitions are liable to be dismissed on the ground of existence of effective and efficacious remedy of suit made available by the Statute. Reliance in support of the contention has been placed on the decision of Division Bench judgment of this Court in the case of Rajendra Singh v. State of U.P. and others [2008 (4) ADJ - 39 (DB)].
(3.) It appears that on account of conflict in the judgments of the two Hon'ble single Judges in the case of Sewak Shanker v. Additional Collector, Agra and others 1985 ALJ 746 and Shanker Saran and others v. State of U.P. and others 1987 AWC 755, the matter was placed before the Division Bench under the orders of Hon'ble The Chief Justice for resolving the same. The Hon'ble Division Bench framed the following question for consideration : "Whether as per Section 122-B, sub-section (4-C), (4-D) and (4-E) of the U.P.Z.A. and L.R. Act, 1950, civil suit is the appropriate remedy to resolve the dispute - or "Whether writ petition could lie against any order under sub-section irrespective of availability of alternative and efficacious remedy of civil suit - ;