S.P.Mehrotra - (1.)THE present writ petition has been filed on behalf of the petitioners, inter alia, praying for quashing the order dated 9.1.2006 (Annexure-10 to the writ petition) passed by the Additional Commissioner (Judicial/Second), Varanasi Division, Varanasi (respondent No. 1) in Appeal No. 42 of 2000.
(2.)IT appears that the respondent Nos. 2 to 10 filed a suit under Section 229B of the U.P.Z.A. and L.R. Act, 1950 (in short "the Z.A. Act"), inter alia, praying for a decree declaring them to be bhumidhar of the land/pokhri in question. The said suit was numbered as Suit No. 91 under Section 229B of the Z.A. Act.
Copy of the plaint of the said suit has been filed as Annexure-5 to the writ petition.

A written statement dated 20.1.1998 was filed on behalf of the State of Uttar Pradesh, copy whereof has been filed as Annexure-6 to the writ petition.

(3.)THE Sub-Divisional Officer, Mohammadabad, district Ghazipur by the order dated 5.6.2000 (Annexure-8 to the writ petition) dismissed the said suit as not maintainable. THEreupon, the respondent Nos. 2 to 10 filed an appeal under Section 331 (3) of the Z.A. Act before the Additional Commissioner, Varanasi Division, Varanasi. THE said appeal was numbered as Appeal No. 42 of 2000.
By the order dated 9.1.2006 (Annexure-10 to the writ petition), the respondent No. 1 allowed the said appeal and decreed the said suit filed by the respondent Nos. 2 to 10.