Shabihul Hasnain, J. - (1.) Heard Sri Pankaj Gupta, learned counsel for the petitioner, learned Standing counsel for the State as well as Sri Yogendra Nath Yadav for the Gaon Sabha. For the kind of the order which is likely to be passed, the notices to private opposite parties are dispensed with at this stage.
(2.) Petitioner has challenged order dated 28.5.2016 passed by Additional Commissioner (Judicial). The petitioner has also challenged order dated 6.4.2016 passed by Sub Divisional Magistrate, Bilgram, Hardoi by which the amendment application of the petitioner in the suit has been dismissed. Both these are orders as contained in Annexure Nos. 1 and 2 to the petition respectively.
(3.) The facts of the case are that the petitioner had filed a suit under Section 229-B/209 of U.P.Z.A. and L.R. Act referable to Village-Kekdi, Pargana Saandi, Tehsil-Bilgram, District Hardoi. The suit was filed on 28.4.2014 in which although notices have been issued and appearance has been put in but neither issues have been framed nor written statement has been filed. Petitioner has moved an application for amendment on 23.2.2016. By this amendment the petitioner has sought to introduce an alternative argument in the suit. The suit had been filed on the strength of Section 164 of U.P. Z.A. and L.R. Act. He has been claiming right and title over the land on the strength of the agreement made between the parties.;