- (1.) HEARD Sri Shailendra Singh, learned counsel for petitioner and learned Standing Counsel on behalf of respondents no. 1 & 3 Sri Anuj Kumar on behalf of respondent no. 4 Gaon Sabha.? Notice need not be issued to the respondents no. 2 & 5 in view of the order being passed herein.
(2.) BY means of this writ petition, the petitioner challenges the order dated 09.07.2012 (Annexure 11 to the writ petition) passed by the District Magistrate/Collector Banda in Appeal No. 1 of 2012, Alok Kumar Kushwaha vs. Rameshwar and others. According to learned counsel for petitioner, the petitioner and the appellant Alok Kumar Kushwaha are owners of half share each in the Gata in question.? The petitioner is in possession over half portion in the northern side of the? Gata and has made constructions thereon.? Hence, he had applied for changing nature of the land under Section 143 of the U.P. Zamindari Abolition and Land Reforms Act (for short 'the Act') in case no. 3 of 2009-10.? The Assistant Collector passed order dated 19.03.2010 in case no. 3 of 2009-10 , State vs. Rameshwar and others and permitted change to the nature of the land from agricultural to non-agricultural.
(3.) HE states that Alok Kumar Kushwaha, the respondent no. 2 filed restoration application before the Assistant Collector and the Assistant Collector rejected the same on the ground that the order under Section 143 of the Act could have been passed even suo moto or on an application and such an order having been already passed, there was no occasion to allow the restoration application. Feeling aggrieved, the respondent no. 2 filed Appeal No. 1 of 2012, Alok Kumar Kushwaha vs. Rameshwar and others before the Collector Banda.? In the said appeal the Collector Banda by his order dated 09.07.2012 has set aside the order passed by the Assistant Collector and remanded the matter back to the trial court.;