Anjani Kumar Mishra, J. - (1.) HEARD Sri Arum Kumar Singh -I learned counsel for the petitioner and learned Standing Counsel for the respondents. This writ petition arises out of proceedings under section 122 -B of the U.P. Zamindari Abolition & Land Reforms Act and is directed against the order dated 12.12.2014 passed by the Commissioner, Moradabad Division, Moradabad, respondent No. 2.
(2.) THE facts of the case are that proceedings under section 122 -B were initiated against the petitioner on the basis of a report submitted by the Lekhpal. On the receipt of notice the petitioner filed his objection. The Tehsildar, Amroha by his order dated 14.11.2014 dropped the proceedings on the ground that they had been initiated without any resolution of the Gaon Sabha and without any demarcation having been carried out on the spot. It was further observed that fresh proceedings could be initiated after a proper demarcation had been made. Against this order a revision was filed by the Gaon Sabha. The respondent No. 3, Collector, Amroha by his order dated 30.08.2014 dismissed the revision as barred by time. It appears that thereafter a letter was written by the Regional Government Counsel, (Revenue), Moradabad Division, Moradabad to the Commissioner intimating that the documents of the case had been submitted to him which were returned saying that a writ petition would be filed against the order of the Collector. Thus, by this letter direction for a writ petition being filed against the order of the Collector were prayed for because the petitioner was in unauthorised occupation of the Gaon Sabha property. On this letter the Commissioner wrote a letter to the Collector, Amroha to review his orders so as to, ensure that no loss is caused to Gaon Sabha property. It is this letter of the Commissioner which is impugned in the writ petition.
(3.) LEARNED Counsel for the petitioner has submitted that the order passed by the Collector was a judicial order and the Commissioner has no jurisdiction to direct him to review his judicial order.;