Pankaj Mithal, J. - (1.) Petitioners have filed this writ petition challenging the order dated 7.10.2011 passed by the Additional Collector, Finance and Revenue, Azamgarh in exercise of powers under Section 122-C (6) of the U.P. Z.A and LR Act cancelling the allotment dated 15.2.1995 made in favour of the petitioners for housing purposes. It has been contended that the impugned order has been passed on the basis of certain report/documents in respect whereof no proper opportunity was given to the petitioners and as such is violative of the principles of natural justice.
(2.) Learned Standing counsel has raised a preliminary objection that the aforesaid order is revisable and as such the writ petition may not be entertained. He has placed reliance upon two decisions of this Court in the case of Janab and Others Vs. State of U.P. and others,2001 92 RevDec 533 and other dated 26.7.2011 passed in writ petition no. 37991 of 2011 Bhai Lal Vs. The Additional Commissioner (Admn.) and Others. In both the above cases, it has been held that the order passed by the Collector under Section 122-C (6) of the Act is revisable and therefore the writ petition should not ordinarily be entertained.
(3.) On the contrary, Sri Tarun Agrawal, learned learned counsel for the petitioners has relied upon a decision of this Court dated 22.9.1995 passed in writ petition no. 27058 of 1995 Sumratiya and Others Vs. Commissioner, Moradabad Division and Others wherein it has been categorically laid down that against an order passed under Section 122-C (6) of the Act no revision lies under Section 333 or 333-A of the Act as Section 122-C (7) specifically provides that the order passed by the Collector in Sub-section (6) of section 122-C of the Act shall be final and the provisions of Section 333 and Section 333-A shall not apply in relation thereto.;