Vikram Nath, J. - (1.) Heard learned counsel for the petitioners.
(2.) Respondent no.4 to 12 filed a complaint for cancellation of the lease granted in favour of the petitioners which is said to be pending before the Additional Collector, Etawah. As according to the learned counsel for the petitioners the petitioners' allotment was of the year 1967 and the complaint for cancellation had been filed in the year 2007 as such it was clearly hit by Section 198 (6) of the U.P. Zamindari Abolition and Land Reforms Act, therefore, he filed an application before the Additional Collector to the effect that the question regarding maintainability on the ground of limitation may be decided as a preliminary issue. On the said application the Additional Collector, Etawah has passed an order on 21.8.2009 that the same shall be considered at the time of final hearing after recording of the evidence. Against the said order the petitioners filed a revision which has been dismissed as not maintainable being against an interlocutory order. In the opinion of the Court also, once the Trial Court has passed an order that the application regarding question of limitation would be considered after evidence at the stage of final hearing, no interference be called for in this petition. The question as to whether the proceedings are barred by Section 198 (6) or not is yet to be decided.
(3.) In the circumstances, without interfering with the impugned orders, this petition is disposed of with a direction to the Additional Collector, Etawah to decide the pending proceedings under Section 198(4) of the Act expeditiously preferably within a period of six months from the date of production of certified copy of this order in accordance with law.;