B.L. Yadav, J. - (1.) Where notice under Section 80 of the Code of Civil Procedure, 1908 (For short the Code) served on the Collector as the representative of the State in a suit under Section 229-B of U.P.Z.A. and L.R. Act (for short the Act) filed by respondent No. 6 Phool Singh would be sufficient compliance of the provisions of Section 80 of the Code and Section 229-B(3) of the Act is the short question for Consideration in this petition under Article 226 of the constitution.
(2.) The portrayal of the essential fact is that respondent No. 6 Phool Singh filed a suit under Section 229-B of the Act against the petitioner, State of U.P. and the Nagar Palika, Aligarh. In the array of parties, the State of U.P. was shown as the State of (J P. through Collector, Aligarh. The notice in pursuance of Section 229-B(3) of the Act and Section 80 of the Code was served on the Collector purported to be a notice to the State of U.P. and the suit was filed, but an objection was taken that the notice was not properly served on the State of W. P., inasmuch as no notice was sent to the State rather it was sent to the Collector, Consequently, the notice was defective and in absence of notice of the State, which was the statutory party to the suit under Section 229-B of the Act, the suit was not maintainable and was liable to be dismissed.
(3.) An objection to that effect was taken by the defendant-petitioner at the initial stage, but after hearing counsel for the parties the Sub-Divisional Officer, Koil, Aligarh by his order dated 1st August, 1991 (Annexure-3 to the writ petition), rejected the objection. Against that order, a revision was filed before the Additional Commissioner, Agra Division Agra, and the same also met the same fate by the order dated 25th March, 1992 (Annexure-4 to the writ petition) and thereafter another revision was filed under Section 333 of the Act before the Board of Revenue and the same also met the same fact by the order dated 21st May, 1993 (Annexure-5 to the writ petition). Against these orders, the present Petition has been filed with the prayer that these orders be quashed by issuing a writ of certiorari.;