- (1.) This special appeal has been filed by the State, the Additional Commissioner (Administration), Devi Patan Mandal, Gonda and the Sub-Divisional Officer/Assistant Collector, Tehsil Sadar, District Gonda, aggrieved by the following observations contained in the order of the learned Single Judge dated 21 November 2013: "However, before parting it is necessary to note a disturbing feature of the case. In para-12 of the writ petition, it has been mentioned that interim order was cancelled/refused to be extended by the trial court on the recommendation/endorsement of an ex-member of parliament. In that regard, reference has been made to Annexure-10 to the writ petition. It was highly improper for the Ex-Member of Parliament, Sri Kirti Vardhan Singh to make endorsement of favourable recommendation on the application of the petitioner. Greater fault was committed by the Deputy Collector to take that application on record of the case, which was pending before him. It was clearly an attempt to influence judicial proceedings on the part of the Ex-Member of Parliament. The Deputy Collector, who passed the order abused his position and power by passing a judicial order on the recommendation of an Ex-Member of Parliament. Court is of the considered opinion that Executive Officers like S.D.Os. are not qualified to hear judicial matters under U.P.Z.A. & L.R. Act. It is directed that in future Sri J.P. Singh, who was S.D.O./Deputy D.M. Sadar, Gonda on 23.08.2013 shall not hear any matter under U.P.Z.A. & L.R. Act and an adverse entry must be awarded to him to the effect that he passed the order in the case in question on extraneous consideration."
(2.) The rest of the order which concerns the dispute between the private respondents has not been challenged in the special appeal.
(3.) The brief facts of the case are that the dispute between respondents 1 to 3 and respondents 5 to 8 relates to agricultural land bearing Gata No.802, ad-measuring 0.69 hectare and Gata No.132/2, ad-measuring 0.43 hectare situated in village Vishunpur Mafi, Pargana and Tehsil Sadar, District Gonda. Initially, there was a dispute in respect of the mutation between the private respondents. The Additional Commissioner (Administration), Devi Patan Mandal, Gonda passed an order on 25 January 2008 in favour of respondents 5 to 8. Respondents 1 to 3 filed a revision before the Board of Revenue, which was dismissed on 13 October 2011. Thereafter a writ petition was filed by respondents 1 to 3 (Writ Petition No.144 (M/S) of 2012) in which an interim order was passed on 12 February 2012. In the meantime, respondents 1 to 3 filed a Suit based on title under Section 229-B of the U.P.Z.A. & L.R. Act, 1950 on 15 March 2012. In view thereof, the writ petition was dismissed as infructuous on 3 July 2012. Respondents 1 to 3 filed an application for temporary injunction under Section 229-D of the U.P.Z.A. & L.R. Act in the suit. The Sub-Divisional Officer/Deputy Collector, Tehsil Sadar, District Gonda passed an order of status quo on 11 May 2012. The order of status quo was not extended and the application for temporary injunction was rejected on 23 August 2013. A revision against the aforesaid order was dismissed as not maintainable, following which a writ petition was filed before the learned Single Judge in which the impugned order has been passed.;