- (1.) Heard Sri Ajay Kumar Singh, learned counsel for the petitioner, learned Standing Counsel for the State respondents, Sri B.P. Singh, learned counsel for the respondent Nos. 3 and 4 and Sri M.K. Yadav, learned counsel for the gaon sabha. By means of this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the orders dated 22.12.2014 passed by the Additional Commissioner (II) Varanasi Division Varanasi in Revision No. C-2014140000450 of 2014 (Surendra Singh v. Vibhuti Narain Singh and others) and order dated 17.2.2014 passed by the Sub-Divisional Officer Zamania Ghazipur in Suit No. 146/7-8-13 (Vibhuti Narain v. Shyam Chandra) filed under Section 176 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (in short the Act').
(2.) By order dated 17.2.2014, the Sub-Divisional Officer has directed to prepare the preliminary decree, whereas by the subsequent order dated 22.12.2014, revision filed by the petitioner against the preliminary decree dated 17.2.2014 has been dismissed.
(3.) The facts giving rise to this case are that the respondent No. 3 has filed a suit under Section 176 of the Act, which was numbered as Suit No. 146/7-8-13 (Vibhuti Narain v. Shyam Chandra) impleading Shyam Chandra and Surendra Singh as defendants. In the aforesaid suit, notices were issued and the parties have put in their appearance. The defendant No. 2 has filed written statement whereas the petitioner has not filed written statement and in absence of the written statement of the petitioner, preliminary decree was ordered to be prepared by the Sub-Divisional Officer on 17.2.2014.;