S.R.YADAV, j. - (1.) THIS is a refer­ence dated 6-3-95 made by the Additional Collector, Faizabad Division to allow the revision and set aside the order dated 27-3-G2 passed by the trial Court.
(2.) HEARD the learned DGC (R) and the Counsel for the other side and perused the relevant papers on file. The learned DGC (R) appearing on behalf of the revisionist submitted that the reference be allowed in accordance with the recommendation, that The land in suit being public utility land should be protected that on such land no title could accrue to anybody on the basis of adverse possession that the Additional Collector has considered the points involved in the matter and has rightly recommended for condonation of delay and for quashing the trial Court's order dated 27-3-82 ; he also submitted that no objection to the refer­ence in question has been filed. In reply, the learned Counsel for the other side submitted that previously a revision was filed before the Commis­sioner and being its dismissal the same has been filed before the Collector and that the revision was not maintainable as such, it should be dismissed.
(3.) HAVING heard the learned Counsel for the parties and going through the records it appears that the proceedings under Section 122-B (4-1) of UPZA and LR Act were initiated in respect of the plots detailed down at the foot of the plaint there by Shankar Singh s/o Ganga Singh was sought to be ejected from the disputed land the trial Court vide its order dated 27-3-92 dropped the proceeding recording therein that the question of title was in­volved in the matter. The order dated 27-3-82 was challenged before the Commis­sioner, Faizabad Division, being notices that in the light of amended provisions such revision should lie not before Com­missioner but before the Collector ; as such the present revision was instituted explaining therein the delay in filing the same and after considering the said cir­cumstances the Additional Collector made the aforesaid recommendation for acceptance.;